가사조정제도의 문제점과 과제

Abstract

Family disputes involve multilateral aspects of interests and emotional conflicts beyond simple and single-issue interest conflicts. Their usual patterns are complicated networks of those elements. Most of solutions for family disputes are characterized not only by termination of conflicting relations of the past but also formation of new interpersonal relations. This study presents a review of the family mediation system in their problems and improvement measures as a tool to substitute a trial or alternative dispute resolution(ADR) in a domestic litigation. A domestic litigation should allow the concerned parties to participate in the procedures as easily and cheaply as possible and provide them with enough chances to reach a solution quickly by using counseling, mediation, and negotiation rather than by resorting to a legal suit. Despite the rapid increase to the number of such a case, a family court only operates in Seoul, which means that it fails to fulfill its functions as a special court. The long-term solution to the problem would be to set up a family court across the nation. For a short-term solution, one should be established at least within the jurisdiction of a high court(in Seoul, Busan, Daegu, Gwangju, Daejeon) and Suwon, Incheon to meet the urgent needs. It’s also worth considering to create a window devoted to mediation, expand the oral applications, simplify the application form and accompanying documents, and revise the existing system’s defects later. But what’s most needed to improve the current family mediation system is its better operation rather than more legal regulations. Thus a family court is to make more efforts to resolve family dispute more peacefully and ultimately via ADR to replace a trial.