Improvement unity of construction dispute resolution system (건설분쟁조정제도의 통일성 제고 방안)

Hong, Sung-Jin (홍성진)

Improvement unity of construction dispute resolution system

Public Land Law Review
Abbr : KPLLR
2015, 68(), pp.69-83
Publisher : Korean Public Land Law Association
Research Area : Social Science > Law

Hong, Sung-Jin ¹

¹대한건설정책연구원

Accredited

ABSTRACT

The Previous Construction Business Act(Act No. 614, May 5, 1961) is first legal mediation system of administrative law governing the dispute between the private in korea. This is due to the professionalism and uniqueness of the complex, diverse structure and individual construction of the construction works. Especially, most of the construction works is being done through a subcontract transactions, if the dispute encountered between the contractor and socioeconomically disadvanteged subcontractor is being used for quick and inexpensive construction dispute resolution system. Construction Dispute Resolution system is dual to the Construction Dispute Conciliation Committee on "Framework Act on the Construction Industry" and Subcontract Dispute Mediation Council on "Fair Transactions in Subcontracting Act. Both dispute resolution institutions have for between private's disputes as administrative law disputes mediation system provides administrative agency. As such, construction dispute resolution system can be unity by conceding effect as a judicial compromise to Subcontract Dispute Mediation Council on "Fair Transactions in Subcontracting Act and giving mediation authority to Administrative Suit of Construction Dispute Conciliation Committee on "Framework Act on the Construction Industry.

KEYWORDS

construction industry, mediation, construction dispute conciliation committee, subcontract dispute mediation council, effect as a judicial compromise, mediation authority to administrative suit

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