가사조정제도의 현황과 개선방안에 대한 소고

Abstract

A family dispute shows the aspect of being called the confrontation in multi-faceted understanding and emotion, rather than the simple opposition of understanding between the concerned parties, and can be said to be what this element is entangled diversely and complexly. In this background, the family environment and the difference in value system of the concerned parties are involved. Furthermore, the passage of dispute is flexible, thereby being difficult to grasp even a cause. And, the solution also has limitation to a traditional method, thus diverse solutions need to be sought. Out of those things, the family mediation system on family dispute, which requires especially mediation of human relations, is recognized to be the best method in solving all the family disputes. However, the currently family mediation system contains problems such as the establishment of subject in family mediation and the brisk application of the prior mediation related in Article 50 of the Family Lawsuit Act, and as the quotation of the statements in the mediation procedure of a proviso to the lawsuit procedure in Article 49 of the Family Lawsuit Act. And, there is room of improvements such as establishing the family investigator system, reinforcing a plan for operating the mediation committee, installing the family court nationwide, and positively utilizing decision of substituting for mediation. What is necessary for improving the family mediation system is thought to rely on its operation, not on regulation of a law. And, in order to solve the family dispute peacefully and finally through family mediation, it can be said to be a situation of requiring a whole effort for operating a system of family court.