메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

Directions of Legistrative Improvement for the Administrative ADR
Recommendations
Search

행정형 분쟁해결제도의 입법개선 방향

논문 기본 정보

Type
Academic journal
Author
RHEE EUN-SANG (아주대학교)
Journal
대한변호사협회 인권과 정의 인권과 정의 제506호 KCI Accredited Journals
Published
2022.6
Pages
115 - 128 (14page)

Usage

cover
Directions of Legistrative Improvement for the Administrative ADR
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
The administrative ADR system is for administrative agencies to resolve disputes related to the affairs under their jurisdiction through ADR. The evaluations and concerns regarding this system are mainly divided into two categories. One is that applicable laws are scattered and the system is not managed in a unified way. The other is that the activation of the system is desired. This article reviews legislative improvement as a solution to the above-mentioned problem awareness. First, it is necessary to seek the provision of an integrated legal system to give unity and clear legal effect to the administrative ADR system. The enactment of a general law on the administrative ADR system is requested as a legislative measure to uniformly regulate the administrative ADR system based on individual laws. As for the specific measures, (1) the method of enacting the General Act On Administrative ADR as a separate individual law, and (2) the method of adding general provisions on the administrative ADR in the General Act On Public Administration are reviewed. As issues related to this, the followings are reviewed as specific legislative matters related to the administrative ADR system: (1) whether the ADR result will have the same legal effect as the final and conclusive judgment; (2) how to construct each dispute resolution procedure model for each type of dispute issue, such as the type in which early confirmation takes precedence over all others, and the type in which resolution is required on the premise of maintaining the existing relationship between the parties of the dispute, etc; (3) whether to grant the effect of interruption of prescription for the ADR application; (4) guarantee of the right to participate in the administrative ADR process; (5) securing the professionalism and independence of those in charge of the administrative ADR procedures. In addition, specific measures to solve the task of activating the administrative ADR system are also policy measures that require organizational change and budget for the administrative dispute resolution organizations. Thus, legislative improvement is required.
#대체적 분쟁해결(ADR) #행정형 분쟁해결제도 #행정형 ADR #ADR 기본법 #행정기본법 #ADR #Dispute Resolution #Administrative ADR #Administrative ADR Act #the General Act On Public Administration

Contents

No content found

References (0)

Add References
If the reference is being serviced by DBpia, please register through [Add Reference]

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Comments(0)

0

Write first comments.