디지털 시대의 사법정의와 공적 ODR의 역할

Rapid devolpment of the information communication technology has changed the nature and characteristics of the disputes arising out of the online context substantially different from the traditional offline disputes. Above all asychronism of online communication supported by the technology has overcome the time and geological limitation, thus leads to the increase in the number of the disputes. However procedures such as litigations and ADR which need physical presence are deemed inappropriate to resolve the new types of disputes arising in the online context. Accordingly the role of online space and ODR have received attention as the alternative field to resolve and prevent the online disputes. Also the techincal feauture of ODR that ignores geologycal and phsical limitation has rendered it as a cheap and convinient means to resovle the offline disputes as well as the online disputes. In this regard it is argued that ODR can serve as a digital justice since it can substatially enhance the accessability to justice. In essence ODR can not only function as an optimal platform to resolve low-value-high-volume online disputes arising out of e-commerce, but also as the practical means to resolve disputes in countries in conflicts or in remote areas where parties can hardly have access to the dispute resolving body. This paper intends to introduce the new meaning of the access to justice in the digital era and the significance of the ODR as the future dispute resolution process and its impact on the acess to justice. Then the difference between the public ODR and the private ODR and their merits and drawbakcs will be analyzed respectively. Finally the progress and the current state of Civil Resolution Tribunal in British Combia, Canada and the project to establish the online court in U.K. presented as the new models of the public ODR in order to consider their implication on the development of electronic litigation system in Korea.