전자소송시대의 ADR의 재조명

Abstract

With the spread of the Internet, government institutions have been able to take care of many of their affairs with the computer instead of the old-fashioned person communication between people. In the middle of the flow of the times, the Ministry of Justice is trying to introduce an electronic filing system for all kinds of filing procedures in order to promote the convenience and efficiency of judiciary proceedings for people by using information and communication technology. This study set out to reilluminate ADR at a time of a huge transformation of filing procedures themselves. ADR is for the resolution of disputes other than lawsuits. However, even if one of the lawsuit parties used ADR, he or she would try to use filing procedures again if they would be favorable to him or her. One of the realistic issues with ADR is whether it can strike harmony with the right of access to the courts according to the Constitution. If ADR is put to the right use and those who use ADR get satisfaction with the system, ADR can achieve the purpose of its existence even if its harmony with the right of access to the courts remains controversial. The study thus intended to investigate what policy directions ADR should take in the era of electronic filing and focus on electronic filing ADR as the title of the paper suggested. The study would examine whether it would be appropriate to apply ADR with electronic means to ADR with a big possibility of settling a dispute through human contacts rather than substantive truth between the parties and lawsuits and review the aspects of ADR required in this era, electronic filing in other countries, and the current operation of ADR as an electronic means.