온라인 도메인이름분쟁조정제도 도입에 따른 법령․세칙 개정 필요성 연구

Korean Internet Address Dispute Resolution Committee (KIDRC) now plans to introduce its own ODR platform on the website and to revise its supplemental rules for the domain name dispute resolution soon. Since ICANN revised Rules for Uniform Domain Name Dispute Resolution Policy (UDRP) on March 1, 2010 to introduce Paperless Dispute Resolution or eUDRP procedure, KIDRC has established the method of transmitting and exchanging electronic documents by email. However with developing internet technology in domestic litigation and ADR, KIDRC has been expected to introduce the ODR system. Soon parties could submit the complaint or the reply online and panelists could render their decision on the online platform. This paper will discuss on the revision of rules for the Domain Name Dispute Resolution to introduce ODR Platform to KIDRC's website. The first chapter will examine the function and salient features of the ODR method by comparing with ADR method. The second chapter analyzes the characteristics of electronic UDRP procedure after which was modelled by the KIDRC's procedural rules. The third chapter will focus on how the KIDRC will operate the ODR system and how parties and panelists could use it to resolve the domain name disputes. The fourth chapter will analyze the ODR systems and its supplemental rules of WIPO, NAF, ADNDRC and ADR.eu. Finally the last chapter will suggest which provisions should be modified, revised or added on the current rules and supplemental rules for Internet Address Dispute Resolution. In order for KIDRC to establish paperless electronic procedure and the ODR system in efficient and economic manner this paper proposes the followings. First parties and panelists are allowed to use email or ODR platform only to submit, transmit or exchange documents while traditional mail or courier are no more allowed to use. This could help the procedural economic and administrative convenience. Secondly, as ODR rules of the four major gTLD domain name dispute resolution service providers suggest, the revision of rules for online domain name dispute resolution should be least limited and the principle of party autonomy should be most allowed on the procedural issues. For this purpose ODR User's Manual or FAQ service for ODR are desirable to guide parties and panelists. Finally it is considered to be timely and expected successful that KIDRC plans to implement ODR system for domain name dispute resolution since major domain name dispute resolution service providers has already established it.