행정형 직권조정결정의 쟁점과 입법과제

Ex Officio Mediation Decision originated from the Civil Mediation Act are introduced and operated as ADR in specialized administrative fields such as media, communication, environment, copyright, and protection of new varieties. When compared with other types of ADR, it can be considered a new type. While administrative ADR generally serves as the primary function of dispute resolution, Ex Officio Mediation Decision also performs roles related to regulatory administration such as victim redress, indicating an expectation for its widespread adoption in the future. Ex Officio Mediation Decision have the characteristic of rationalization through legal formalization, considering the higher degree of intervention by the mediation authority compared to general mediation. Although procedures and effects are regulated differently in individual laws, it appears that the Civil Mediation Act is generally referenced. However, as the purpose and function of administrative mediation differ from civil mediation, it is necessary to derive its unique nature. The current shortcomings and improvement tasks under the present law are as follows. Firstly, to establish the prerequisites for Ex Officio Mediation Decision, the determining authority and initiation procedures must be defined to ensure predictability and stability. Secondly, while most Ex Officio Mediation Decision grant the effectiveness of settlement in court, considering factors such as guaranteeing the right to litigation, the perspective of separation of powers, and the degree of administrative intervention, it raises doubts about their appropriateness. It would be sufficient to say that recent legislation has shown an adequate level of enforcement. Thirdly, concerning the requirements for the effectiveness of Ex Officio Mediation Decision, it would be appropriate to consider a lack of objection or explicit acceptance from the parties as a presumption of non-acceptance. Lastly, despite its nomenclature suggesting mediation, Ex Officio Mediation Decision exhibit significant differences from the essence of mediation; therefore, clear regulations on procedures and effects are necessary.