ADR의 헌법적 수용을 위한 담론 - 중남미 법제를 중심으로 -

Abstract

Today, legal disputes frequently occur due to the deepening of interest society where sharp interests of various interest groups are sharply opposed. This problem is not limited to Korea, and international disputes are frequently occurring due to globalization. Dispute resolution by formal trial is complicated in its process, takes a long time to finalize, and there are problems such as economic burden related to litigation costs. Promoting court resolution is limited by courts that specialize in constitutional interpretation of the law in cases where the issue is complex and requires expertise in the field, such as intellectual property disputes or disputes in the sports field. There is. In order to solve this problem, ADR is actively used. Review the Latin American legislative system that is making efforts to accept ADR constitutionally, and prevent abuse of the constitutional lawsuit amparo lawsuit to prevent prompt remedy, which is an advantage of arbitration, and to comply with the arbitration decision regarding international arbitration. As a result of the loss of international credibility, I would like to examine the tendency of countries in Latin America to limit it. In international arbitration, through respect for the arbitration decision, the international arbitration center of the Korean Commercial Arbitration Board will be strengthened, while the international trust center will be actively maintained and the institutional functions such as the LCIA will be used. In addition, institutional arrangements for the establishment of an arbitration court are required. This study examines the implications of Korea's ADR application and seeks a rational solution for the rapid introduction of rights remedies.