재판청구권 보장을 위한 중재판정의 효력에 관한 소고

The arbitral award has the same effect as the final judgement of litigation. If the parties to the dispute bring a lawsuit to the court again on the subject of the same dispute which they have taken to the arbitration procedure before, the proceedings will inevitably violate the effect of the arbitral award. Although the arbitration procedure is a dispute settlement adopted through voluntary agreement, the parties have not even decided on the content of the arbitration award. Nevertheless, res judicata of an arbitral award can be a serious threat to the parties' right to a trial. The fact that arbitration proceedings are commonly accepted as a dispute resolution system does not justify all legal issues that may arise when arbitration proceedings are operated as final trials; it is necessary to more closely examine legal issues that can be overlooked in order to improve and develop the arbitration system. Therefore, in order to avoid conflicting effect of the arbitral award with the right to a trial, it needs to reduce legal problems that may arise when the arbitration proceedings are operated as final trials through adding the elements of judicial procedure. As a result, the arbitration system can be an alternative dispute settlement system that supports the legal procedure.