배상규정의 법률유보 관점에서 환경과 언론 ADR 비교

• 영문명: Comparative Evaluation between Environmental and Media ADR in terms of Legal Reservation of Compensation Clause
• 발행기관: 한국중재학회
• 저자명: 엄단비
• 간행물 정보: 『중재연구』 제22권 제1호, 43~63쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

Media ADR is currently emerging as one of successful cases in South Korea while environmental ADR was known not to satisfy both defendants and offenders. Thus, this paper is intended to present proper remedies for typical compensation schemes of environmental ADR by comparing the two ADRs regarding legal reservation of compensation clause. It was found that the media ADR helped clients achieve a more fast and easy dispute resolution by providing compensation standards based on various categories such as types and scopes of compensation. However, the compensation scheme of environmental ADR brought out public complaints and inadequate services due to inconsistency and instability in terms of legal reservation. The results indicate that the compensation clause based on the reservation of laws in media ADR could be used not only as a checklist to confirm limitations of environmental ADR, but also as realistic evidences to adjust the compensation standard systematically that is under development and requires rem delling. As a result, the research findings have opened the new possibilities of the quality assurance of environmental ADR based on the domestic legislation , proposed as an initial aim of this paper.

목차

Ⅰ. 서론

Ⅱ. 언론과 환경ADR의비교

Ⅲ. 법률유보 여부 평가

Ⅳ. 법률유보 방안

Ⅴ. 결론 및 시사점

참고문헌

ABSTRACT

키워드

배상규정 법률유보 환경분쟁조정 언론중재 Compensation Clause Legal Reservation Environmental ADR Media ADR