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대한법률구조공단의 조정제도 활성화에 대한 법적 검토

Title
대한법률구조공단의 조정제도 활성화에 대한 법적 검토
Other Titles
Legal Review on the Introduction of Mediation by Korea Legal Aid Corporation
Author
윤성현
Keywords
조정; 행정조정; 대체적 분쟁해결; ADR; 재판청구권; 법률구조; 법률복지; 대한법률구조공단; KLAC Mediation; Administrative Mediation; Alternative Dispute Resolution; Right of Access to Courts; Legal Aid; Legal Welfare; Korea Legal Aid Corporation
Issue Date
2012-12
Publisher
법과사회이론학회(구 법과사회이론연구회)
Citation
법과 사회, 2012, 43, P.221-239, 19P.
Abstract
In Korea, legal aid service is mainly carried out by Korea Legal Aid Corporation(KLAC) as Ministry of Justice-affiliated organization. KLAC`s traditional works are legal advice and representation. However, KLAC must move into a role of providing mediation service as Alternative Dispute Resolution(ADR) in the near future since Korea aims at a welfare state and the idea of welfare state includes legal welfare concept. When KLAC`s administrative mediation system comes to be introduced in Legal Aid Act, we must be ready to examine that the system conforms to the Constitution of Korea, such as separation of power doctrine and right of access to courts. For the right examination to be achieved, it must be done by a mediation committee composed of independent and neutral members. Furthermore, the mediation procedure has to be operated both voluntarily and autonomically. As a fruit of such efforts, I expect that vitalization of mediation in KLAC will better guarantee our constitutional rights.
URI
http://kiss.kstudy.com/thesis/thesis-view.asp?key=3130345http://hdl.handle.net/20.500.11754/48175
ISSN
1227-0954
Appears in Collections:
COLLEGE OF POLICY SCIENCE[S](정책과학대학) > ETC
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