ABSTRACT A Study on Applying Alternative Dispute Resolution(ADR) Methods ― Focusing on the Case of Conflicts over the Construction Enterprises of Saemangeum Transmission Lines ― Choi, Sung-Sup Department of Public Administration The Graduate School Chonbuk National University Supervised by Professor...
ABSTRACT A Study on Applying Alternative Dispute Resolution(ADR) Methods ― Focusing on the Case of Conflicts over the Construction Enterprises of Saemangeum Transmission Lines ― Choi, Sung-Sup Department of Public Administration The Graduate School Chonbuk National University Supervised by Professor: Jo, Seung-Hyun The purpose of this study is to examine the strategies for applying alternative dispute resolution(ADR) methods to public conflicts. The concrete purpose of this study is to explore the conditions and limitations in applying ADR to conflicts with residents damaged by constructing the transmission lines of Korea Electric Power Corporation(KEPCO) over the construction enterprises of Saemangeum transmission lines in Gunsan- Saemangeum industrial complex. In order to analyze this case, this study set up 5 analysis variables including the balance of power, the agreement of opinions on basic values or principles, content agreement, the number of participants, and time profit. According to the results of analyzing these variables, the balance of power between KEPCO and residents, basic values or principles, and the number of participants acted as the successful factors of mediation without obstructive factors. Thus, Anti-Corruption & Civil Rights Commission undertook its mediation to succeed in deriving consensus from both parties. However, this Commission failed to make a final conflict resolution due to opposed positions in content disagreement and time profit arising from opposing interpretations about the implementation contents of consensus results. These results imply that the above-mentioned 5 factors should be prepared in order to apply ADR to public conflict management. Besides, as mediation can succeed if related conflicts arise from no legal preconditions or fundamental policy issues, no such conflict occurred in this case. This study suggests that it is important to ensure content agreement by clarifying factual relations in order to operate ADR successfully. In Korea, mostly court-annexed ADR and administrative ADR are operated, and it is not sufficient to establish the concepts of ADR and the legal and institutional devices of ADR. In light of the results of this study, it is necessary to make the following improvements in order to operate ADR efficiently. First, it is necessary to arrange basic laws and systems about ADR. In the present, enforcement ordinances only are operated without laws on ADR. In order to prevent extreme social and economic damages owing to public conflicts, it is necessary to utilize ADR actively and enact the basic laws of ADR. Second, it is necessary to foster conflict management experts. Now, as the parties of public conflicts are public officials or general residents without expert knowledge in conflict management, it is likely to aggravate conflicts. In order to resolve complex and difficult public conflicts, it is necessary to enable conflict management experts to utilize ADR well. In addition, it is important to utilize informal organizations in consideration of Korean social and cultural factors. Third, it is necessary to construct efficient ADR utilization systems. Currently, ADR-related laws are dispersed, and also it is necessary to adjust some contents in 2 ADR-related laws under promoting their legislation in National Assembly. It is necessary to prepare the legal and institutional devices for unifying ADR-related laws and ensuring the implementation of consensus results. In addition to the research on the efficient operation of ADR, it is necessary to take the following measures for conflict management. First, it is necessary to prevent conflicts by enforcing policies going through proper procedures. ADR is only an ex post facto countermeasure, which is limited in preventing damages due to public conflicts. Second, it is necessary to establish appropriate compensation systems. The fundamental causes of public conflicts consist in unrealistic compensation systems. The sufficient compensation for residents can prevent severe damages owing to public conflicts. Key words: public conflicts, conflict management measures, alternative dispute resolution(ADR), the third party intervention, mediation
ABSTRACT A Study on Applying Alternative Dispute Resolution(ADR) Methods ― Focusing on the Case of Conflicts over the Construction Enterprises of Saemangeum Transmission Lines ― Choi, Sung-Sup Department of Public Administration The Graduate School Chonbuk National University Supervised by Professor: Jo, Seung-Hyun The purpose of this study is to examine the strategies for applying alternative dispute resolution(ADR) methods to public conflicts. The concrete purpose of this study is to explore the conditions and limitations in applying ADR to conflicts with residents damaged by constructing the transmission lines of Korea Electric Power Corporation(KEPCO) over the construction enterprises of Saemangeum transmission lines in Gunsan- Saemangeum industrial complex. In order to analyze this case, this study set up 5 analysis variables including the balance of power, the agreement of opinions on basic values or principles, content agreement, the number of participants, and time profit. According to the results of analyzing these variables, the balance of power between KEPCO and residents, basic values or principles, and the number of participants acted as the successful factors of mediation without obstructive factors. Thus, Anti-Corruption & Civil Rights Commission undertook its mediation to succeed in deriving consensus from both parties. However, this Commission failed to make a final conflict resolution due to opposed positions in content disagreement and time profit arising from opposing interpretations about the implementation contents of consensus results. These results imply that the above-mentioned 5 factors should be prepared in order to apply ADR to public conflict management. Besides, as mediation can succeed if related conflicts arise from no legal preconditions or fundamental policy issues, no such conflict occurred in this case. This study suggests that it is important to ensure content agreement by clarifying factual relations in order to operate ADR successfully. In Korea, mostly court-annexed ADR and administrative ADR are operated, and it is not sufficient to establish the concepts of ADR and the legal and institutional devices of ADR. In light of the results of this study, it is necessary to make the following improvements in order to operate ADR efficiently. First, it is necessary to arrange basic laws and systems about ADR. In the present, enforcement ordinances only are operated without laws on ADR. In order to prevent extreme social and economic damages owing to public conflicts, it is necessary to utilize ADR actively and enact the basic laws of ADR. Second, it is necessary to foster conflict management experts. Now, as the parties of public conflicts are public officials or general residents without expert knowledge in conflict management, it is likely to aggravate conflicts. In order to resolve complex and difficult public conflicts, it is necessary to enable conflict management experts to utilize ADR well. In addition, it is important to utilize informal organizations in consideration of Korean social and cultural factors. Third, it is necessary to construct efficient ADR utilization systems. Currently, ADR-related laws are dispersed, and also it is necessary to adjust some contents in 2 ADR-related laws under promoting their legislation in National Assembly. It is necessary to prepare the legal and institutional devices for unifying ADR-related laws and ensuring the implementation of consensus results. In addition to the research on the efficient operation of ADR, it is necessary to take the following measures for conflict management. First, it is necessary to prevent conflicts by enforcing policies going through proper procedures. ADR is only an ex post facto countermeasure, which is limited in preventing damages due to public conflicts. Second, it is necessary to establish appropriate compensation systems. The fundamental causes of public conflicts consist in unrealistic compensation systems. The sufficient compensation for residents can prevent severe damages owing to public conflicts. Key words: public conflicts, conflict management measures, alternative dispute resolution(ADR), the third party intervention, mediation
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#대체적 분쟁해결(ADR) 공공갈등 갈등관리방안 제3자개입 조정
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