의료분쟁조정위원회의 조정제도에 대한 입법적 평가 : 행정형 ADR 제도의 본질적 측면에서

Abstract

The medical dispute mediation committee's mediation system for medical disputes is a representative administrative ADR system that can quickly and professionally resolve disputes in the medical area. However, there is no comprehensive and systematic legislative evalution of the Mediation Committee's mediation system in the fundamental aspect of the administrative ADR system. Therefore, in this article found legislative problems of the current medical dispute mediation system through legislative evaluation in the fundamental aspects of the administrative ADR system by dividing the mediation system of the Medical Dispute Mediation Committee by sector and presented a way for improvement. The areas subject to legislative evaluation of the medical dispute mediation system in this article were divided into matters concerning the initiation of mediation procedure, matters concerning independence and neutrality of the mediation committee and a member of the mediation committee, the relationship between mediation and litigation, the presumption for accepting mediation proposals, and the legal effect of mediation. And the parties' autonomy based on the fundamental of administrative ADR, the independence and neutrality of mediation, the confidentiality of mediation, the autonomous dispute settlement as a characteristic of mediation, the confidence in mediation, the reduction of court case burden, the invigoration of mediation, the procedural legality of mediation, and the harmonization of the people's right to trial and the effectiveness of mediation were set as the basis for legislative evaluation.