가사조정제도의 문제점과 과제

• 영문명: Problems with and Tasks of the Family Mediation System
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김원태(Won-Tae Kim)
• 간행물 정보: 『비교사법』比較私法 제13권 제1호, 53~84쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  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.

목차

Ⅰ. 머리말
Ⅱ. 가사조정의 필요성과 가사조정절차의 특색
Ⅲ. 가사조정제도의 문제점
Ⅳ. 가사조정제도의 개선방안
Ⅴ. 맺는말
〈부록〉
[참고문헌]
【ABSTRACT】

키워드

ADR 가사소송 가사조사관 가사조정 가정법원 소송상화해 재판에 갈음하는 분쟁해결방안 조정에 갈음하는 결정 조정위원 조정위원회 조정전치주의 alternative dispute resolution(ADR) domesticlitigation family court Family disputes family mediation system