온라인 분쟁해결절차의 공정성에 관한 연구 - UDRP에 대한 실증적 분석을 중심으로 -

Dispute resolution procedures that use information communication technologies are generally referred to as “Online Dispute Resolution" or “ODR." The Uniform Domain Name Dispute Resolution Policy(UDRP) that is one of the representative ODRs has been empirically studied to examine whether it satisfies the requirements of fairness. The empirical study of this paper found UDRP decisions are unfairly biased, implying that other ODRs may not satisfy even the minimum level of fairness. While the regulation of ODR is challenging, such regulation is necessary because ODR affects fairness in the context of international commerce despite it is private. Considering the complex issues of ODR, a hybrid or comprise approach to regulation may provide the most effective means to achieve regulatory goals. Because ODR issues range from law to technology, it may be regulated utilizing multi-instruments, including state law, international customary rule, and technological standards. The compromise regulation approach will need to be coordinated appropriately to be effective in achieving its regulatory goal. In the coordination, each regulatory body-state authorities, private actors, and international organizations-must play its function well to be effective.