중재산업진흥법에 대한 평가 및 국제중재 활성화를 위한 법정책적 제언

As our companies’ international commercial disputes were resolved through international arbitration abroad, a large legal service deficit occurred every year, and the cost of resolving disputes was also a big burden on our companies. To solve this problem, the International Arbitration Community began efforts to emerge as an Asian International Arbitration Hub, and the Ministry of Justice took the lead in establishing the ‘Act on the Promotion of the Arbitration Industry’ and the ‘Basic Plan for Arbitration Industry Promotion(Hereinafter, ‘Basic Plan’).’ However, as the first Basic Plan implementation project is being completed, it is being severely evaluated that our international arbitration capabilities have rather degenerated, and the driving force of related policies and projects has been lost. Therefore, at the present time when it is necessary to start the establishment of the second Basic Plan, it can be said that a cool and objective evaluation of the existing deficient performances and analysis of the cause are essential. The reason for the deficient performance of the first Basic Plan is the ineffective financial support of the Ministry of Justice. It was difficult to achieve sufficient results because only the project cost was supported without practical support for labor costs. Another cause may be that all business consignment to promote the international arbitration industry was concentrated on the Korean Commercial Arbitration Board(Hereinafter, ‘KCAB’), and the KCAB did not show sufficient capabilities. In addition, continuous attention in the progress of the project and lack of monitoring can also be pointed out as the cause of failure. Therefore, the second Basic Plan to be newly promoted requires improvement on these problems and limitations. Specifically, the Basic Plan should be established through the formation of an independent committee in which various fields participate, and the progress should be checked through regular fact-finding surveys. In addition, a method of distributing and entrusting projects monopolized by the KCAB to institutions with expertise in the project should be considered. Finally, in order to enhance the capabilities of international arbitration institution, a new international arbitration institution separated and independent from the KCAB should be established, and sufficient financial support should be provided to attract international arbitration cases. Through this series of plans and policies, we will once again be able to dream of the emergence of an international arbitration hub.