Cited by
- 중재인의 근로자성과 자격요건 - 영국 대법원의 2011년 Jivraj v Hashwani 판결을 중심으로 - vol.26, pp.1, 2016, https://doi.org/10.16998/jas.2016.26.1.29
- 중재산업진흥법의 주요내용과 발전적 운용 vol.27, pp.4, 2017, https://doi.org/10.16998/jas.2017.27.4.35
Journal of Arbitration Studies (한국중재학회지:중재연구)
- Volume 25 Issue 1
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- Pages.47-64
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- 2015
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- 1226-3699(pISSN)
DOI QR Code
A Study on the Problems and Improvement Plan of Using of Non-Lawyer Arbitrator
비변호사 중재인 활용의 문제점과 개선방안
- 안건형 (대한상사중재원 진흥전략팀)
- Received : 2015.02.15
- Accepted : 2015.02.25
- Published : 2015.03.02
Abstract
Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).
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