방송통신위원회의 대체적 분쟁해결제도에 관한 비판적 고찰

Abstract

Recently within many administrative agencies have been instituted official dispute resolution mechanism. Considering the nature of business, it is favorable to settle any dispute arising in relation to Broadcasting business by relying on alternative dispute resolution through a third party expert (the “ADR System”) as expeditiously as possible rather than relying on judicial settlement. In reality, however, there is no appropriate procedure in place, and the arbitration proceeding held by the Korean Communications Commission fails to act as a proper alternative to judicial settlement, so there are little users. Naturally, the complaints between the parties cannot be resolved, and sometimes an unresolved complaint becomes escalated into an extreme behavior to become a social problem. Against this backdrop, it is urgent to refine the ADR System. I suggest mediation as an alternative along with specific measures to be taken in this regard. I conclude that “good offices” should be abolished because “good offices” are not that useful due to redundancy with mediation, and the current arbitration system should be maintained because arbitration will be useful to resolve disputes related to public areas. By taking into account of the fact that we are entering society controlled by mass consumerism and the number of petty disputes arising in relation to telecommunication fees is growing, I also suggest adopting mediation in resolving such petty disputes. It is expected that various dispute resolution systems, which can resolve disputes fast and cost-effectively, will help enhance validity of remedy and reduce social cost including legal costs and thereby being useful for both users and businesses.