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The Trend of the Administrative Dispute Resolution and the Alternative Dispute Resolution- Focusing on the Case of Japan -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 26(), pp.475-503
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kwihyeon Han 1

1순천대학교

Accredited

ABSTRACT

One of the most pressing issues in our society these days are social conflicts and their solution. People are sometimes described as ‘homo conflitus.’ Conflicts exist in every society and at any time.Society is now facing unseen upheavals and changes as we enter the 21st century. In particular, administrative conflicts are often caused by an antagonism between development and preservation, and a local or regional resistance against certain developments. For example, when it comes to the selection of sites for public facilities which are dangerous or which arouse public disapproval, the conflicts become very obvious.However, the judicial procedure needs too much money and time. It has made us attracted to the Alternative Dispute Resolution(ADR) as a recommendable measure for the dispute of the administrative matters. In Japan, the ADR has been reappraised as a useful measure not less than the regular judicial process, which has made them enact the “Act on the Promotion of the Alternative Dispute Resolution” on December 1st, 2005 after considering to enact the ADR legislation. I expect they positively consider to enact the legislation for the activating of the use of the ADR such as the “Standard Act on the ADR” in the process of the Korean Juducial Reform.

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