싱가포르조정협약에 따른 조정상 합의와 민사집행법상의 집행력

다국어 초록 (Multilingual Abstract)

The Singapore Mediation Convention was enacted to ensure the enforcement of mediation agreements reached between parties in international commercial disputes. The Convention stipulates that mediation agreements must be in writing and that the mediator must be a neutral third party. If the requirements of the Convention are met, the mediation agreement is legally binding and provides that the courts of each country can recognize the enforceability of the mediation agreement.
This paper examines only the issue of granting enforcement power to agreements reached through mediation under the agreement, and it should be noted in advance that the scope of the examination is not expanded to include agreements reached through mediation procedures that are generally utilized.
Finally, I have examined in detail the method of introducing legal provisions that I am thinking of in relation to granting enforcement power (execution power). This is a plan to add a new item 6 to Article 56 of the Civil Execution Act to add ‘execution power recognized by treaty’ as a type of enforcement power. At this time, in order to clarify the eligibility of the enforcement power, a provision is newly established in the proviso clause with the content “only in cases where the court permits it through an enforcement decision upon the application of the parties.”
In addition, with regard to the opinion that the introduction of a unified mediation procedure law is urgent, first of all, when considering that mediation is a dispute resolution method that replaces litigation, that is, an autonomous dispute resolution based on the free will of the parties, attempting to regulate too many contents with the mediation procedure law is putting the cart before the horse and is not in line with the essence of mediation as an autonomous dispute resolution, and it is unreasonable as it brings an extra-legal mediation procedure into the framework of the bill. In conclusion, if the agreement on mediation according to the agreement is stipulated as a type of enforcement authority under the Civil Execution Act, the problem of granting enforcement power will be resolved simply and clearly.