일본 ADR법상 인증제도의 현황과 과제

• 영문명: Current State and Challenges of Japan’s Accreditation System under the ADR Act
• 발행기관: 한국중재학회
• 저자명: 김상찬
• 간행물 정보: 『중재연구』 제22권 제2호, 3~29쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.08.30

영문 초록

The Alternative Dispute Resolution (ADR) Act in Japan was proclaimed on December 1, 2004, and five years have passed since the act took effect on April 1, 2007. The ADR Act enables qualified dispute resolution businesses to be certified as ADR business holders through the government’s accreditation system, contributing greatly to the advancement of a private ADR. As of June 2012, the number of ADR institutes certified by the government had increased to 112. Article 2 of the supplementary provisions of Japan’s ADR Act provides as follows: “The government should review the progress of the Act five years after enforcement, and take measures, if recognized as necessary, based on the results.” Any problems revealed in the process of implementing the act are expected to be revised after five years of enforcement. To this end, the academic circle established an association called the Arbitration ADR Act Society in 2004, considering issues of the ADR Act and measures to improve the legislation, making policy suggestions, and working to improve management of the act, through seminars, forums, and a journal. The Japanese ADR Association, composed of ADR institutions as members, put forward a proposal entitled “Toward the Revision of the ADR Act” to the Ministry of Justice on April 2, 2012. This paper intends to identify the current state of the accreditation system, one of the most important systems under the ADR Act in Japan, in consideration of ADR Act revision. In particular, the examination includes measures to improve the accreditation system as well as data analysis of the application of accreditation, the current state of accredited institutions, and the ADR performance of accredited ADR businesses. In Korea, an ADR act has not been legislated yet, although the issue is being actively considered. This paper will be a meaningful reference for the Korean government in developing an accreditation system for inclusion in its ADR act in the future.

목차

Ⅰ. 서론

Ⅱ. 인증제도의 의의와 인증ADR 사업자 현황

Ⅲ. 인증ADR 사업자의 ADR 실적

Ⅳ. ADR인증제도에 관한 개정논의

Ⅴ. 결론

참고문헌

ABSTRACT

키워드

일본 ADR 인증제도 ADR법 대체적분쟁해결 사법제도 Japan Accreditation system ADR Act Alternative Dispute Resolution Judicial system