일본의 싱가포르 조정협약의 실시법의 소개

Abstract

Japan, on April 21, 2023, a domestic implementation law, ‘Act for Implementation of United Nations Convention on International Settlement Agreements Resulting from Mediation’ based on the contents of the United Nations Convention on International Settlement Agreements Resulting from Mediation was recently established. Subsequently, on June 6, 2023, the 'Act on the Reorganization of Related Laws to Promote the Utilization of Information and Communication Technology in Civil Relations Procedures, etc.' was amended regarding the IT implementation of trial procedures as well. The above domestic implementation law in Japan introduces a framework for enforcement in Japan of settlement agreements in international mediation. Japan initially did not sign the Singapore Mediation Convention itself for reasons that the granting of executive power in cases where mediation is established may conflict with Japanese domestic law. On the other hand, with the establishment of this domestic implementation law, preparations are currently underway for the conclusion of the above-mentioned Singapore Coordination Agreement. Therefore, considering that the establishment of the above domestic implementation law in Japan can provide implications for the domestic implementation law to be enacted in the future, this article first briefly mentions the Singapore Mediation Convention, and describes the circumstances of the enactment of the above implementation law in Japan, while reviewing its outline and contents. Since the above implementation law is a recently enacted law, this article has limitations that there is no document currently available other than the law introduction data from the Ministry of Justice of Japan. However, The meaning of this article can be found in that the above implementation law is introduced in Korea in a similar legislative situation. In the future, Korea also has to enact domestic implementation laws of the Singapore Mediation Convention. Unlike Japan, there is no single law on private mediation in Korea yet, so we will have to take this into consideration and cope with the global trend of international commercial mediation.