The purpose of this paper is to suggest ways to improve the function of the current housing construction dispute mediation administrative committee in Korea.
This paper analyzes the operational status and functional limitations of Korea's current hous...
The purpose of this paper is to suggest ways to improve the function of the current housing construction dispute mediation administrative committee in Korea.
This paper analyzes the operational status and functional limitations of Korea's current housing construction dispute mediation administrative committee, refers to implications through consideration of foreign mediation-related systems, and concludes with a plan to improve the function of the current housing construction dispute mediation administrative committee. presented.
As a result of this study, the functional limitations of the housing construction dispute mediation administrative committee are as follows. First, Korea's current administrative committee for housing construction dispute mediation has similar types of mediation agencies spread out too much. Second, the mediation procedures, mediation methods, mediation deadlines, and composition of mediators for each committee are stipulated in very diverse ways, making it difficult to understand from the user's perspective. Third, the coordination committee is comprised of high-ranking public officials, lawyers, professors, and certificate holders, resulting in a lack of participation from working-level staff and a lack of training for mediation committee members. Fourth, the mediation committee's right to fact-finding and the scope of evidence-investigating activities are not sufficient. Fifth, active efforts to revitalize the mediation system are insufficient, and legal authority is not defined. Lastly, public understanding and sympathy for the role and effectiveness of the Housing Construction Dispute Mediation Administrative Committee is low, so its practical use as a dispute mediation system is low.
Next, measures to improve these problems and enhance the function of the Housing Construction Dispute Mediation Administrative Committee were presented as follows. First, it is necessary to enact the "General Act on Construction Dispute Mediation" (tentative name), an integrated law on the mediation system that can be generally applied to the administrative mediation system and the private mediation system. Second, there is a need to integrate construction-related dispute mediation committees into one and establish a single mediation organization in the form of a ‘Construction Dispute Mediation Integrated Center’ to operate on a permanent basis. Third, there is a need to actively utilize the system of referring lawsuits pending in court to external administrative and private mediation organizations appropriate for their nature. Fourth, if there is an application for dispute resolution through mediation while the litigation is ongoing by agreement of the parties, a reasonable period of time must be set so that the court proceedings can be suspended. Fifth, in certain construction dispute cases and when the amount claimed is small, it is necessary to recognize the principle of mediation and preemption for prompt dispute resolution. Sixth, it is necessary to revise the current regulations, which specify excessively high qualifications for mediation committee members, and expand the committee to include working-level personnel who will actually be in charge of disputes, rather than high-ranking public officials or prominent figures. Seventh, the mediator's right to fact-finding should be expanded and active evidence investigation activities, such as on-site investigation, document viewing, and listening to statements of interested parties, should be expanded. Eighth, in addition to the mediator's professional expertise and experience, education is needed to further develop expertise in negotiation and mediation skills. Ninth, there is a need to encourage the use of the mediation system by stipulating the authority of the public officials in charge to use the mediation system. Lastly, efforts are needed to increase the utilization rate by promoting the mediation system, providing guidance on how to use it, and publicizing mediation performance and effects.
[Key words: housing construction dispute, dispute mediation, administrative ADR, Construction Dispute Mediation Committee, administrative mediation system, (tentative name) General Act on Construction Dispute Mediation]