일본 ADR법상 인증제도의 현황과 과제

Abstract

ARD Act in Japan was proclaimed on 1 December 2004, and since the act was enforced on 1 April 2007, five years have passed. ADR Act enables qualified dispute resolution businesses to be the certified ADR business holders through the government's accreditation system, contributing greatly to the advancement of a private ADR. As of June 2012, the number of ADR institutes certified by the government has increased to 112. In Article 2 of the supplementary provisions of Japan's ADR Act, it provides for as follows: “The government should review the progress of the Act five years after the enforcement, and find measures, if recognized as necessary, based on the results". Any problems revealed in the process of implementing the Act is expected to be revised at the point of 5 years after the enforcement. To this end, the academic circle established an association called ‘Arbitration ADR Act Society’ in 2004, considering issues of ADR Act and considering measures to improve the legislation, make policy suggestions, and to improve the Act management, through seminars, forums, and journal. The Japanese ADR Association composed of ADR institutions as members, came to put forward a suggestion entitled "Towards the revision of ADR Act" to the Ministry of Justice on April 2, 2012. This paper intends to identify the current state of the accreditation system, one of the most important systems under ADR Act in Japan, in terms of the consideration of the ADR Act revision. The consideration includes particularly measures to improve the accreditation system as well as data analysis on accreditation application, the current state of accredited institutions, ADR performance of the accredited ADR businesses. In Korea, the ADR Act has not been legislated yet although the issue is actively taken into consideration. This paper will be a meaningful reference for the Korean government to develop an accreditation system for legislating the ADR Act, in the future.