전자사회와 IT분쟁조정법제

Abstract

The information society that newly emerges as a result of knowledge and information revolution is based in cyber space, the integrated on-offline space. In the society, ADR(Alternative Dispute Resolution) is being increasingly needed to meet demand for fast dispute resolution. On the other hand, an IT related dispute is often characterized by crossing regions or borders. Especially in cross-border disputes, some obstacles to jurisdiction, governing law and litigation are raising the need for a new dispute resolution mechanism. ODR(Online Dispute Resolution), one of ADR, which exists in cyber space, is based on a resolution structure that is convenient and equally accessible to both the claimant and the respondent. It is emerging as an optimal alternative that is cost effective and overcomes the limitations of jurisdiction and governing law. In Korea, dispute mediation system is defined in IT related individual acts such as 「Electronic Transaction Basic Act」, 「Act on Protection of Information and Promotion of Information Communication Network」, 「Computer Program protection Act」 and 「Act on Internet Address Resource」. Through the analysis of these legislations on IT dispute mediation, the study examined the problems and sought improvement of policy and legislation in the following four areas: dispute resolution means, dispute resolution procedures, dispute resolution institution, and dispute resolution legislation. ADR needs to be more vigorously practiced. To this end, ADR should secure speed, specialty and fairness to strengthen the trust of dispute parties in ADR and diversify its types to allow the parties to select the most suitable means for each IT related dispute, and lower its costs. In addition, as IT related disputes occur in the area of overlapping regulation of T-Code and L-Code and are effectively resolved only on the professional and technical grounds, it is worth considering unified regulation by establishing the tentatively named “IT Dispute Mediation Act” The establishment of uniform law and organization on IT dispute mediation not only closes loopholes in the current IT dispute mediation regulations in individual acts but also becomes the base for aggressive and leading participation in the agenda of international regulations of global IT dispute which will get prominent in new patterns in the future.