韓國 仲裁制度의 現況과 仲裁人의 地位

Abstract

In general, Disputes on private law are solved by legal procedure of courts. But, because all the complicated, various cases are not solved by courts, modern states have researched, examined the dispute resolution system by the method outside lawsuit. There is a resemblance between ADR and lawsuit in that the parties are given the opportunity of presenting assertion and evidence in the presence of other persons. Nevertheless, lawsuit is that judge pass a judgement a case according to law, the other side, ADR is that specialists of various fields pass a judgement from a long terms viewpoint for the profits of the parties. It is an essential difference between them. Arbitration is the indepent system of dispute solution in which arbitrator finally settle the dispute of the parties. Essentially, it is private judgement. That is difference from conciliation and mediation which settle the dispute by mutual concession. In the following, I examine the present conditions of Korea arbitration, arbitrator position, and present the way of activating the system of arbitration.