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@article{ART002493605},
author={Daein Kim},
title={Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -},
journal={Public Land Law Review},
issn={1226-251X},
year={2019},
volume={87},
pages={525-548}

TY - JOUR
AU - Daein Kim
TI - Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -
JO - Public Land Law Review
PY - 2019
VL - 87
IS - null
PB - Korean Public Land Law Association
SP - 525
EP - 548
SN - 1226-251X
AB - Many disputes are occurring in relation to “public procurement contract in which the State is the party (hereinafter: state contract)”. To solve these disputes, conciliation of “State Contract Disputes Resolution Board” (SCDRB) is in place. However, this remedy has not been actively implemented since its inception. To address this problem, this paper analyzed World Trade Organization (WTO) Government Procurement Agreement (GPA), European Union (EU) Remedies Directive and United States (US) bid protest and contract disputes resolution system. Based on this analysis, this paper suggests following reform proposals for Alternative Dispute Resolution (ADR) system on Korea’s state contract. First, to guarantee “fairness”of conciliation of SCDRB, organization of expertise of this board should be strengthened through more active participation of lawyers, and this board should be positioned in more independent institution such as Audit and Inspection Board of Korea. Second, to strengthen “transparency” of conciliation of SCDRB, claimant’s right to evidence investigation should be enhanced, and mandatory hearing procedure should be implemented. Third, for the “timely” resolution of the disputes, mandatory protest before conciliation of SCDRB should be removed. Fourth, to spur “effectiveness” of conciliation of SCDRB, the scope of control in this process should be strengthened in comparison to lawsuit in courts.
KW - Public Procurement;State Contract Act;State Contract Disputes Resolution Board (SCDRB);Alternative Dispute Resolution (ADR);World Trade Organization (WTO) Government Procurement Agreement (GPA);European Union (EU) Remedies Directive
DO -
UR -
ER -

Daein Kim. (2019). Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -. Public Land Law Review, 87, 525-548.

Daein Kim. 2019, "Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -", Public Land Law Review, vol.87, pp.525-548.

Daein Kim "Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -" Public Land Law Review 87 pp.525-548 (2019) : 525.

Daein Kim. Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -. 2019; 87 525-548.

Daein Kim. "Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -" Public Land Law Review 87(2019) : 525-548.

Daein Kim. Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -. Public Land Law Review, 87, 525-548.

Daein Kim. Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -. Public Land Law Review. 2019; 87 525-548.

Daein Kim. Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -. 2019; 87 525-548.

Daein Kim. "Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -" Public Land Law Review 87(2019) : 525-548.