대한법률구조공단의 조정제도 활성화에 대한 법적 검토

Abstract

In Korea, legal aid service is mainly carried out by Korea Legal Aid Corporation(KLAC) as Ministry of Justice-affiliated organization. KLAC’s traditional works are legal advice and representation. However, KLAC must move into a role of providing mediation service as Alternative Dispute Resolution(ADR)in the near future since Korea aims at a welfare state and the idea of welfare state includes legal welfare concept. When KLAC’s administrative mediation system comes to be introduced in Legal Aid Act, we must be ready to examine that the system conforms to the Constitution of Korea, such as separation of power doctrine and right of access to courts. For the right examination to be achieved, it must be done by a mediation committee composed of independent and neutral members. Furthermore, the mediation procedure has to be operated both voluntarily and autonomically. As a fruit of such efforts, I expect that vitalization of mediation in KLAC will better guarantee our constitutional rights.