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학술논문영남법학2010.04 발행KCI 피인용 1

프랑스의 소비자분쟁 ADR에 관한 소고

A Study on French ADR System for Consumer Dispute

허대원(동국대학교 사회과학대학); 박광동(한국법제연구원)

30호, 219~244쪽

초록

Increasing complexity and diversity of the current society has resulted in the diverse and various types of disputes, and, therefore not all disputes can be settled efficiently by means of court adjudication which applies a law strictly. To overcome such problems, Today, civil or commercial conflicts are resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in many countries especially US, England, and Japan. Until a recent date, Even though French ADR is received high praise as a unique and peculiar system, it has not been used widely in France. This article deals with examination French ADR system for consumer dispute. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System for consumer conflict and Conclusion. The application of ADR for consumer conflict in Korea is mostly activated by a organizations which is established by government. On the other hand, the biggest feature of French system is ADR organizations or mediators are established and maintained by companies and enterprises. Based on this point, ADR system in France is taking charge important role in company's image-building, and the leading cause in increasing application of mediation in France. With result of this study, we wish to improve Korea's ADR System and give a lot of meanings and registration points.

Abstract

Increasing complexity and diversity of the current society has resulted in the diverse and various types of disputes, and, therefore not all disputes can be settled efficiently by means of court adjudication which applies a law strictly. To overcome such problems, Today, civil or commercial conflicts are resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in many countries especially US, England, and Japan. Until a recent date, Even though French ADR is received high praise as a unique and peculiar system, it has not been used widely in France. This article deals with examination French ADR system for consumer dispute. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System for consumer conflict and Conclusion. The application of ADR for consumer conflict in Korea is mostly activated by a organizations which is established by government. On the other hand, the biggest feature of French system is ADR organizations or mediators are established and maintained by companies and enterprises. Based on this point, ADR system in France is taking charge important role in company's image-building, and the leading cause in increasing application of mediation in France. With result of this study, we wish to improve Korea's ADR System and give a lot of meanings and registration points.

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법학연구소
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프랑스의 소비자분쟁 ADR에 관한 소고 | 영남법학 2010 | AskLaw | 애스크로 AI