전통적 화쟁사상과 현대적 ADR의 상관성 연구

Abstract

The Korean society is faced with very complicated realities such as the decreasing population, fourth industrial revolution, environmental issues, multi-cultural families, and international relations. While we are now encountering a compounding human-transcending society with the IT industry and artificial intelligence, there are still many tasks to resolve such disputes and conflicts including lawsuits and civil complaints that must be resolved the individual, groups and the state. This background signifies that there is an explosive flooding of stereotypes that aim at achieving the values, ideologies, human rights, desires, etc. of individuals and groups. But it is difficult for the nation’s legal standards and judicial system to respond to and cope with all of such demands in a blanket like the past. Similarly, advanced industrial capitalist countries implemented the new ADR(Alternative Dispute Resolution) system for specialization of its courts, simplification of rulings, and lowering costs, etc. from the mid-20th century. This means to break way from dispute remedies using the court and to solve disputes with alternative methods rather than lawsuits. A similar system to that of today’s ADR is Korea’s traditional “Hwajeng-sasang(화쟁사상)”. Therefore, through a correlative study of traditional Hwajeng-sasang and the modern ADR, it will be possible to foster the Korean ADR for resolving disputes and further develop Korea’s traditional Hwajeng culture