전자소송시대의 ADR의 재조명

• 영문명: The study on ADR in the Era of Electronic Filing
• 발행기관: 중앙대학교 법학연구원
• 저자명: 우세나(Woo, Se-Na)
• 간행물 정보: 『법학논문집』法學論文集 第37輯 第1號, 41~68쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

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.

목차

Ⅰ. 들어가며

Ⅱ. ADR과 전자소송의 접목

Ⅲ. 전자소송과 전자적 수단을 이용한 ADR(전자ADR) 비교법적 연구

Ⅳ. 전자ADR에 관한 법이론적 문제점

Ⅴ. 전자ADR 활성화를 위한 법정책

Ⅵ. 결 론

참고문헌

Abstract

키워드

전자소송 전자적 형태의 소제기 전자문서 소송대체적분쟁해결제도 재판외 분쟁해결 촉진법(안) e-filing electronic filing e-discovery FRCP efiling ADR efiling