싱가포르 조정협약과 대한민국 조정의 국제적 허브로서의 선도방안

• 발행기관: 한국민사소송법학회
• 저자명: 이찬양
• 간행물 정보: 『민사소송』제26권 제1호, 337~386쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.02.28

영문 초록

Multinational corporations around the world are very positive about the use of mediation, rather than costly litigation, if enforcement is guaranteed. Among these trends, the Singapore Mediation Agreement was prepared, and it is encouraging that the core of this agreement is that it also grants enforcement power to mediation. In Korea, at least in Asia, it is prominent in the field of international arbitration, and in the field of cutting-edge technologies such as semiconductors and various 4th industrial revolution industries, Korean companies are in a world-leading position. Based on these points, it is expected that Korean companies will be able to play a driving role in revitalizing Korean mediation under the Singapore Mediation Agreement. This will allow our coordination to play a leading role as an international hub as well. From this point of view, it is necessary for the Republic of Korea to prepare the Mediation Procedure Act (tentative name), which is a domestic implementation law, in order to accept the Singapore Mediation Convention. When preparing the Mediation Procedure Act, the legislative proposals were reviewed from the viewpoint of effectiveness and effectiveness. In preparing the Mediation Procedure Act, from the viewpoint of utility and accessibility, the plan to improve the mediator system through the success of international commercial mediation was reviewed. Also, the introduction of the online coordination system under the Covid-19 Pandemic was reviewed, and the limitations from this introduction were attempted to be solved by grafting Germany s Demail system. In preparing the Mediation Procedure Act, from the viewpoint of strengthening the effectiveness and substantive power, the possibility of harmonization with the domestic enforcement system of the mediation agreement under the Singapore Convention was reviewed, and the requirements for granting the enforcement authority of the mediation agreement were also prepared. In addition, a three-step plan that can grant the enforcement authority of a mediation agreement was reviewed, and the limitations of this three-step plan and supplementary measures were also developed. If the mediation procedural law is prepared from the viewpoint of such utility and accessibility and from the viewpoint of strengthening effectiveness and practical power, I am sure that the Korean mediation will be able to play its role as an international hub by maximizing the merits of the Korean mediation.

목차

Ⅰ. 서론

Ⅱ. 싱가포르 조정협약의 주요 내용과 국내 이행법률 도입의 필요성

Ⅲ. 조정절차법 도입 시 효용성 제고 방안: 조정에의 접근 가능성 도모

Ⅳ. 조정절차법 도입 시 실효성 제고 방안: 조정제도의 실질력 강화

Ⅴ. 결론

키워드

싱가포르 조정협약 조정인제도 개선방안 온라인 조정제도 독일 데메일시스템 조정에의 집행력 부여방안 United Nations Convention on International Settlement Agreements Resulting from Mediation Measures to improve the mediator system Online Mediation System German De-mail System Approach to Giving Enforcement Power to Mediation