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학술논문중재연구2011.03 발행KCI 피인용 2

국방조달 계약에서의 분쟁해결 조항에 관한 연구

A Study on the Disputes Settlement Clause in the Defense Procurement Contracts

심상렬(광운대학교)

21권 1호, 157~182쪽

초록

The term of defense procurement is used indifferently from defence acquisition. It consists of two sectors : domestic defense procurement and foreign defense procurement. For efficient and transparent defense procurement, Defence Acquisition Program Law in Korea suggests some principles including the purchase of domestically manufactured munitions in the first instance, and the Defense Acquisition Program Administration(DAPA)'s direct procurement of munitions, etc. By reviewing the characteristics, process, current situation and model contracts of defense procurement, it is found that domestic procurement contracts only propose the legal approach instead of arbitration and foreign procurement contracts suggest confusedly both the legal approach and arbitration for amicable disputes settlement. Therefore, it is quite recommended for arbitration organizations such as the Korean Commercial Arbitration Board(KCAB) and the Korean Association of Arbitration Association(KAAS) to foster a variety of strong awareness campaign, education and consulting programs, etc. for the popular use of Arbitration Clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby reducing the costs, time and pains for solving them.

Abstract

The term of defense procurement is used indifferently from defence acquisition. It consists of two sectors : domestic defense procurement and foreign defense procurement. For efficient and transparent defense procurement, Defence Acquisition Program Law in Korea suggests some principles including the purchase of domestically manufactured munitions in the first instance, and the Defense Acquisition Program Administration(DAPA)'s direct procurement of munitions, etc. By reviewing the characteristics, process, current situation and model contracts of defense procurement, it is found that domestic procurement contracts only propose the legal approach instead of arbitration and foreign procurement contracts suggest confusedly both the legal approach and arbitration for amicable disputes settlement. Therefore, it is quite recommended for arbitration organizations such as the Korean Commercial Arbitration Board(KCAB) and the Korean Association of Arbitration Association(KAAS) to foster a variety of strong awareness campaign, education and consulting programs, etc. for the popular use of Arbitration Clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby reducing the costs, time and pains for solving them.

발행기관:
한국중재학회
DOI:
http://dx.doi.org/10.16998/jas.2011.21.1.157
분류:
무역학

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