화해합의에 대한 집행력 부여에 관한 연구

• 영문명: A Study on Granting Enforceability to Settlement Agreements Resulting from Mediation
• 발행기관: 한국민사소송법학회
• 저자명: 김명수
• 간행물 정보: 『민사소송』제29권 제3호, 609~658쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

This study examines the legal feasibility and institutional mechanisms for granting enforceability to settlement agreements resulting from mediation. Traditionally, reconciliation under Korean Civil Law (Article 731) is a private contract without enforceability. However, as international commercial disputes increasingly rely on mediation, the enforceability of settlement agreements has become a key international issue. The paper first reviews the UNCITRAL Model Law on International Commercial Mediation (2018) and the Singapore Convention on Mediation (2019). The former serves as a flexible guideline for national legislation, whereas the latter is a binding international treaty obligating signatory states to enforce mediated settlement agreements. The Convention establishes specific grounds for refusal of enforcement (Article 5) to balance autonomy and legal certainty. A comparative analysis focuses on Japan’s 2023 implementation laws, including the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation and the revised ADR Act. Japan adopted an opt-in reservation, granting enforceability only when parties explicitly agree to apply the Convention, and requires a court decision for enforcement. Furthermore, Japan extended enforceability to certified domestic ADR settlements to maintain procedural symmetry with international mediation. In Korea, the Ministry of Justice plans to introduce a Domestic Enforcement Act for the Singapore Convention by late 2025. The draft bill allows the court to grant enforcement orders upon application, ensuring both procedural legitimacy and legal certainty. Nonetheless, issues remain concerning the appropriate form of enforceable titles (notarial deeds, judicial orders, or statutory provisions) and the balance between mediation’s voluntariness and binding force. In conclusion, the paper argues that granting enforceability to mediated settlement agreements is essential for promoting international mediation and calls for Korea’s legislative action to align domestic law with the Singapore Convention framework.

목차

Ⅰ. 글을 시작하며

Ⅱ. 조정에 관한 국제규범과 각국의 법제 현황

Ⅲ. 싱가포르 조정협약에 따른 화해합의의 승인과 집행

Ⅳ. 맺음말

참고문헌

키워드

대체적분쟁해결제도 화해 합의 승인 집행 싱가포르 조정협약 ADR settlement agreements recognition enforcement Singapore Convention on Mediation