신산업형성과 분쟁 해결 방안

Abstract

This paper proposes a legal mechanism in light of the existing legal system when a new industry is formed in Korea, causing a conflict with the interests of an existing industry, or when a conflict occurs prior to a legal dispute, and when trying to resolve a conflict of opinion between relevant industry parties. A representative example of a dispute or conflict with an existing industry related to the formation of a new industry is the case in which a criminal complaint was filed against the CEOs of Tada Taxi, but CEOs of the company were ultimately acquitted by the Korean Supreme Court. Among the systems in our country, there are many various systems for resolving legal disputes. We briefly mentioned resolving social disputes without going through a trial through mediation or arbitration in judicial, administrative, and private types, and explained their legal implications. Additionally, the Japanese, German, and American systems for dispute resolution other than trials were briefly introduced. In Korea, there is no system for resolving conflicts with stakeholders in existing industries in relation to the formation of new industries. With this in mind, in this paper, I proposed my own dispute resolution plan by referring to Korea's various existing systems, foreign systems, and the systems of the United States, Japan, and Germany.