The Directions for the Development of Korean Online Mediation System for e-Commerce Dispute Resolution

전자상거래 분쟁해결을 위한 우리나라 온라인 조정제도의 발전방향

  • 김선광 (경남대학교 경제무역학부) ;
  • 홍성규 (청주과학대학 비서정보과)
  • Received : 2004.07.16
  • Accepted : 2004.08.07
  • Published : 2004.08.25

Abstract

The present study reviewed the meanings of mediation and the roles of mediators, and examined the necessities of online mediation system, prerequisites for the settlement of the system, foreign cases of promoting online mediation and the current state of online mediation in Korea. It also identified problems in the mediation system in Korea and, based on the analysis of problems, discussed directions for the development of Korean mediation system in broad perspective. Directions for the development of Korean online mediation system suggested in this study can be summarized as follows. Firstly, the government must make an unsparing investment in order to activate online mediation system in Korea. Secondly, from the aspect of online mediation procedure, it is necessary to introduce online mediation system in combination with online seal system or certification marks. Thirdly, the judicial circle must take an amicable attitude toward ADR system and, furthermore, it is necessary for the court to be active in introducing various ADR systems. Fourthly, it is necessary to establish an integrated mediation system for the efficiency of mediation and cost saving. Fifthly, mediators must be provided with systematic and exhaustive periodical retraining programs. Lastly, it is necessary to help people to recognize that mediation system is a better service than other forms of dispute resolution procedure and particularly to enhance users' confidence in online mediation through advertising its advantages and safety. Moreover, in order to make e-commerce-related online dispute resolution available to everybody, it is necessary to overcome language barriers by establishing perfect service systems including automatic translation system in the governmental dimension.

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Acknowledgement

Supported by : 경남대학교