ADR에 의한 건설분쟁해결의 문제점과 개선방안

• 영문명: The Problems and Reform Measures of Conflict Resolutions related to Constructions through ADR
• 발행기관: 한국중재학회
• 저자명: 김상찬
• 간행물 정보: 『중재연구』 제21권 제1호, 87~107쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

There are two methods to resolve conflicts related to constructions which are through lawsuits and ADR (Alternative Dispute Resolution) just like any other conflicts. Along with the special characteristics pertaining to the conflicts related to constructions, the advantages that ADR is in possession of such as its cost, duration and professionalism, resolving conflicts through ADR has been considered to be more logical than any other options recently. In Korea’s case at present, the resolution of conflicts regarding constructions through ADR is mostly dependent on administrative mediation or through arbitration. However, in the case of the administrative mediation, its usage rate is very low due to problems caused by problems in its running and effectiveness. In the case of arbitration, the services of the Korean Commercial Arbitration Board is comparatively used more but because of the fact that arbitration relies on a single trial system and the fact that its executive powers while having the same effectiveness as the final ruling does not get acknowledged leads to the phenomena of avoiding its usage. In addition, in relation to the selective arbitration clause, the problem of effectiveness of the arbitrative agreement is becoming a hindrance to the activation and promotion of the arbitration process. Furthermore, in the case where the ordering body is the government, the public servant involved in the case avoiding the arbitration process because of concerns of being penalized by the internal and external audit within the institution is becoming a problem as well. These problems are not only limited to conflicts regarding constructions and there needs to be actions taken to promote the activation of ADR by enacting a basic law. The more important issue at hand however is offering a resolution measure that would be the most appropriate for users and this could probably be done only through actions such as implementing the American partnering system or the dispute adjudication board system so that they can supervise the resolution of conflicts through mediation, arbitration, and assistance as well as offering consultations regarding conflicts related to constructions.

목차

Ⅰ. 머리말

Ⅱ. 건설분쟁의 유형과 특성

Ⅲ. 외국의 ADR에 의한 건설분쟁해결

Ⅳ. 우리나라의 ADR에 의한 건설분쟁해결

Ⅴ. ADR에 의한 건설분쟁해결의 문제점과 개선방안

Ⅵ. 맺음말

참고문헌

ABSTRACT

키워드

건설분쟁 건설분쟁해결 하도급분쟁조정 대체적분쟁해결제도 조정 중재 집행력 conflicts related to constructions resolution of conflicts related to constructions mediation of subcontract disputes Alternative Dispute Resolution mediation arbitration executive power