한국의 법문화 변화에서 법원과 법률가의 역할 ― 법원연계 민사조정의 활성화방안 ―

Korean legal culture has been showed the deep gap of between legal experts and layman. popular have expressed a strong objection “a law way” which refers to resort to trial of court that lawyers make use of means to realize the constitutionalism. In particular, courts have expressed highly concerns about overflow of trial because of inflation of small claims cases since the late 1990s. Courts have made effort to resolve a part of civil disputes through judicial dispute resolution in according to “civil mediation act” in these background. Under the condition of not vitalizing civil ADR (Alternative Dispute Resolution), there are a limits of judicial convergency of quasi-legal disputes by court’s making efforts. court-annexed JDR has tried to make efforts for resolution of legal disputes with including diverse outside of court, there is a certain limit in the effort of court itself without improving the external legal culture of layman. if the small claims cases, which have occupied with average more seventy percent among civil merits cases in annual, will be enacted in a lump sum by the principle of prepositive mediation, courts and judges can lessen a load of judicial litigations as it is. a competitive legal-service market, which lawyers have gradually increased since introducing the law school system, should expand the their work scope that may well facilitate for them to participate in court-annexed mediation. For these reasons, compensation system of lawyers has to improve in according to their participation of JDR, and to introduce the principle of prepositive mediation through the amendment of ‘the Civil Mediation Act’ or enactment of ‘ADR Basic Act’.