예방법학적 분쟁해결방법의 필요성에 대한 고찰

• 영문명: A Study on Dispute Resolutions regarding its Preventive Functions
• 발행기관: 한국재산법학회
• 저자명: 김태한(Kim Tae-Han) 함영주(Ham Young - Joo)
• 간행물 정보: 『재산법연구』財産法硏究 第23卷 第2號, 535~566쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.10.01

영문 초록

  Collective and mass disputes among community members are common to almost all of the modern industrialized countries. These complicated uproars are mainly due to mass products of goods, self-awakening for individual rights, technological developments of mass communication, weakening of government"s controlling power.
  These disputes usually have the characteristics of diffuse, fragmented and collective interests. Administrative and legislative body give their best efforts to those disputes in every way. Judicial body also more interested in solving the social problem than ever before.
  There have been presented a lot of judicial models, group action model (Verbandsklage in Germany), class action model (American class actions), improved representative action model (represented action in Japan), as a possible solutions. Nevertheless, those systems could not operate as a fundamental solutions to the fullest measure.
  To save this difficult situation, it is necessary to construct preventive law theory. Generally speaking, preventive law is the part of legal practice that attempts to anticipate and prevent future disappointment or controversy, and to provide methods so that people can take advantage of legal opportunities they might otherwise miss. Preventive law is analogous to preventive medicine and has the idea that the most appropriate time to see an attorney is when they"re legally healthy. Lawyer"s most efficient counseling works are possible to the time when certainly before the advent of litigation or prior to legal trouble occurs.
  To make full use of this strong point of preventive law in korea, this paper checked korean legal infrastructure and circumstances; cultural climates of avoiding lawyers, insufficiency of dispute resolution organizations, client"s low valuation about lawyer"s intangible services, carelessness in the early stage of contracts.
  To improve this difficult situations, it will be necessary to supply a more organized multiple dispute resolution systems and a more strengthened legal educational systems for improving the consultation skills of prospective lawyers. It is also necessary to supplement legal professionals in the area of administrative and legislative body.
  Above all anything else, in an increasingly litigious future society, legal educational organizations concentrate on preventive law rather than curative law.

목차

Ⅰ. 예방법학적 분쟁해결
Ⅱ. 예방법학적 분쟁해결과 적용을 위한 우리의 현 상황에 대한 검토
Ⅲ. 예방법학적 업무의 적용가능 분야에 대한 고찰
Ⅳ. 결어
참고 문헌
〈Abstract〉

키워드

예방법학 집합적 분쟁 집단분쟁 그룹소송모델 단체소송 대표 당사자소송모델 개선된 선정당사자제도 분쟁해결기구 상담 변호사 법률교육 법률전문가 행정부 입법부 preventive law collective disputes mass disputes group action model Verbandsklage class action model improved representative action dispute resolution organization counseling lawyer legal education legal professionals administrative body legislative body