공정거래분쟁조정법의 입법방향 검토

The mediation system facilitates the resolution of disputes through communication and negotiation between parties with the assistance of a fair and neutral third party, making it a prominent alternative dispute resolution (ADR) method alongside arbitration and conciliation. In the context of the enforcement of economic laws, including the Fair Trade Act, which primarily focuses on administrative and criminal actions, the mediation system plays a significant role in helping small businesses and self-employed individuals recover from damages. Due to the inefficiencies arising from the fragmented application of individual laws related to fair trade, franchising, distribution, agency, subcontracting, and contract terms, there is a pressing need to consolidate these regulations into a single legal framework. The proposed Fair Trade Dispute Mediation Act aims to unify the mediation provisions scattered across six different laws, enhancing procedural completeness and facilitating systemic improvements in the mediation process. This consolidation is expected to streamline the legislative and policy aspects of the mediation system. However, the primary goal of enacting this unified mediation law is to reinforce the swift and effective redress for fair trade-related grievances faced by small and medium-sized enterprises and small business owners. Therefore, substantial improvements should be discussed during the legislative process of the proposed Fair Trade Dispute Mediation Act.