行政事件에 대한 裁判外紛爭解決制度

Abstract

More lawyers than ever in the Republic of Korea have a growing interest in Alternative Dispute Resolution (ADR). Even in the area of administrative law, lawyers are asking for more efficient alternative methods of dispute resolution. Despite the interest being generated in the Korean legal community by ADR the Korean ADR movement in the sphere of administrative law has net yet been adequately activated. In my opinion, some prerequisites must be met to energize this movement. At first, more sophisticated methods of ADR that are particularly suitable to Korean legal culture should be created. Moreover, ADR proponents have to cope with the theoretical difficulties involved in introducing ADR into administrative law, because it is not traditionally allowed in Korean legal theory to settle an administrative law dispute through negotiation. In addition, legislative reform of ADR is essential in the attempt to improve the above-mentioned problems. Under these circumstances, this article examines 1) the cultural and political background of ADR in Korean administrative law; 2) how the current ADR system of Korea is developing in the public law area; 3) whether the vexing theoretical question surrounding negotiation in Korean administrative law will be cleared up. This article aims to answer these questions in order to offer clear solutions that will help create a more effective ADR system in Korean administrative law. In other words, this article attempts to overview the current ADR system of the Republic of Korea, and to show how this system can be reshaped in a new direction. In the process of analyzing and evaluating the Korean ADR system and its legal theories in this article, information from the American ADR system and perspectives from American theories about ADR in administrative law are widely referred to.