주택임대차 분쟁조정과 그 효력 — 영국 재판 외 분쟁해결(ADR)의 기록 및 집행과 비교를 통한 시사점 — (Mediation of Housing Tenancy Dispute and the Effect — Implications from recording and enforcement of Alternative Dispute Resolution in the UK —)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 35권 / 1호 / 97 ~ 132페이지
· 저자명 : 성주현

초록

The Housing Tenancy Dispute Mediation Committee, which was stipulated after several National Assembly committees under the Housing Tenancy Protection Act in 2016, was introduced to contribute to stability in national housing life by deliberating and adjusting various disputes arising from housing tenancy relationships quickly and at a lower cost than litigation. The mediation process of the scheme actually seems to be operating in a conciliatory manner. The dispute mediation system established under the Housing Tenancy Protection Act has many advantages, such as short duration, low cost, and resolving the court's case backlog problem compared to court litigation. Nevertheless, the issues are about the activation of the housing tenancy dispute mediation system and what effect it is appropriate to give to the settlement derived from mediation. In particular, there are many opinions that the effect of compromise of action should be given in the discussion on the effect of dispute mediation under the Housing Tenancy Protection Act, but the our compromise of action gives the same effect as the final judgment. In other words, the form of compromise of action can not be selected according to the subject of the dispute or its execution, that is, according to the purpose, but only gives the same effect as the final judgment.
In contrast, the UK does not have a separate mediation body dedicated only to housing tenancy disputes. In the UK, mediation targets all civil disputes, and it is common for court-connected private mediation to operate in a mediation manner.
Meanwhile, in the UK, there are variations in compromise of action, such as consent order, Tomlin order, and Interim order, so it is up to the will of the parties to decide what effect to impose on the mediation. Therefore, with this in mind, decide how to record and enforce the agreements reached through mediation.
Voluntary conduct by agreement of the parties prior to proceeding or executing the procedure is, in fact, the best solution, and the stay of the procedure or enforcement is only a compulsory means to guarantee it. Therefore, it is necessary to establish a system that can implement it voluntarily in order for the two parties to reach an agreement that can satisfy each other as much as possible by reflecting the intentions of the parties, rather than simply replacing the lawsuit.
This article examines domestic discussions on the effectiveness of the mediation proposal after the establishment of the mediation and attempts to obtain implications through a comparative approach to the record and enforcement of the UK ADR, especially the mediation agreement.

영어초록

The Housing Tenancy Dispute Mediation Committee, which was stipulated after several National Assembly committees under the Housing Tenancy Protection Act in 2016, was introduced to contribute to stability in national housing life by deliberating and adjusting various disputes arising from housing tenancy relationships quickly and at a lower cost than litigation. The mediation process of the scheme actually seems to be operating in a conciliatory manner. The dispute mediation system established under the Housing Tenancy Protection Act has many advantages, such as short duration, low cost, and resolving the court's case backlog problem compared to court litigation. Nevertheless, the issues are about the activation of the housing tenancy dispute mediation system and what effect it is appropriate to give to the settlement derived from mediation. In particular, there are many opinions that the effect of compromise of action should be given in the discussion on the effect of dispute mediation under the Housing Tenancy Protection Act, but the our compromise of action gives the same effect as the final judgment. In other words, the form of compromise of action can not be selected according to the subject of the dispute or its execution, that is, according to the purpose, but only gives the same effect as the final judgment.
In contrast, the UK does not have a separate mediation body dedicated only to housing tenancy disputes. In the UK, mediation targets all civil disputes, and it is common for court-connected private mediation to operate in a mediation manner.
Meanwhile, in the UK, there are variations in compromise of action, such as consent order, Tomlin order, and Interim order, so it is up to the will of the parties to decide what effect to impose on the mediation. Therefore, with this in mind, decide how to record and enforce the agreements reached through mediation.
Voluntary conduct by agreement of the parties prior to proceeding or executing the procedure is, in fact, the best solution, and the stay of the procedure or enforcement is only a compulsory means to guarantee it. Therefore, it is necessary to establish a system that can implement it voluntarily in order for the two parties to reach an agreement that can satisfy each other as much as possible by reflecting the intentions of the parties, rather than simply replacing the lawsuit.
This article examines domestic discussions on the effectiveness of the mediation proposal after the establishment of the mediation and attempts to obtain implications through a comparative approach to the record and enforcement of the UK ADR, especially the mediation agreement.

참고자료

· 없음