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This is a study on the individual dispute resolution system in the Korean labor law. The individual dispute resolution system can be divided into five types; they are rights norms, resolution methods, resolution institutes, resolution procedures and relief types. The right norms include the constitution, the labor law, the collective agreements, the rules of employment, the labor contract, and the labor practices, which regulates individual labor disputes. The decisional methods and the conciliation methods which include an arbitration and mediation are generally considered as the resolution methods. The resolution institutes include the court, the administrative agency, the labor department, the internal organization in the company. The resolution procedures indicate the entitlement of the applicant, the filing period, hearing process, and appealing procedure. There are a compensation for damages, a reinstatement, and a back pay, etc. in the relief types. The Japanese and the US individual resolution systems are compared with that of Korea. The suggestion for improving the individual dispute resolution system in Korea is demonstrated. The conflict of right should be originally based on the judgement. Having considered the continuity of the employment relations, however, it is necessary to introduce the mediation system for the resolution of the conflict of right. In order to resolve labor disputes, professional institutions are required. In case of Korea, there are various institutions such as National Human Rights Commission of Korea, Labor Commission, Administrative Court, Civil Court, Ministry of Justice and Ministry of Labor. Because the roles of these institutions are overlapped, however, this study claims that the unification of the institutions and their roles is necessary. The Labor Commission in Korea has played a key role in resolving the individual labor disputes. Various types of remedies are being employed by the Commission, which are, for instance, reinstatement, back pay, compensation instead of reinstatement, and compensation for damages. The punitive damage system in the US can be seriously considered to be adopted in Korea for the effectiveness of remedy's order. In addition, the establishment of the labor court system for the professional resolution of labor disputes can be the long-term project.

…As the use of the Internet has been increasing rapidly in recent days and the size of electronic commerce has been increasing at a fast speed, we are entering an era of a new concept e-Business. However, since the accompanying risk in e-Business can go beyond predictability and could cause enormous losses, we seek the methods in which we can recognize such risk, actively manage it and distribute it, and by doing it, prevent conflicts and solve them if such conflicts cannot be avoided. Accordingly, with respect to the contents relating to risk management (distribution), there is a need to newly create clauses in the E-commerce Basic Act that deal with the responsibilities of the participants and state each of the responsibilities discussed. Dealing increasing conflicts relating to e-Business, after they occur, would result in enormous economic and manpower losses, the best way is to prevent them before they occur. One must come up with much more rational and fixed contract conditions, and correct and strengthen them to fit the e-Business reality. In the case of e-Business, since its scope influence is very broad and there is a great possibility of conflict with the overall law and institution, for there are diverse interested parties, there is a need for versatility in dealing with unexpected conflicts flexibly. Because there have not been clear conflict resolution processes with respect to conflicts relating to e-Business, the costs to resolve conflicts are very high and the time it takes to resolve them is long. If the price of the object and the amount of claim for damages are with a certain fixed range, it is desirable to resolve conflicts by using mediation or arbitration methods through a specialized e-commerce conflict resolution agency, rather than resolving them through litigation. In such case, the contract should have clear conflict resolution clauses so that conflicts can be resolved efficiently

현대사회에서 드물지 않게 발생하는 대규모 집단피해 사건 또는 대규모 집단분쟁의 해결문제는 단순한 정권차원의 호오(好惡)와 정치권력의 유·불리에 따라 대처방법이 달라질 수 있는 문제가 아니라 산업화된 모든 국가에서 각국의 내부 사정을 감안하여 효율적이고 합당한 나름의 해결방법을 찾아내야 하는 21세기의 국가가 당면한 주요과제라고 할 수 있다. 현대사회는 시스템 경쟁의 시대라고 할 수 있다. 세계에서 가장 다양한 시스템을 많이 갖추고 있다고 가장 좋은 시스템을 갖추고 있다고 할 것도 아니다. 상호연계가 잘 되는 효율적인 시스템이 아니라면 시스템 상호간의 충돌로 기존의 시스템도 망치는 일이 벌어질 수 있기 때문이다. 또한 근래 4차 산업혁명에 대한 논의를 위시하여 현대는 지식이 힘인 시대에서 사고력과 창의력이 힘인 시대로 가고 있다. 이러한 시대에는 제도가 얼마나 많이 활용되느냐의 기준보다 그 제도가 전체 시스템을 얼마나 잘 돌아가게 만드느냐가 더욱 중요할 수가 있다. 5년에 한 건 정도의 소송밖에 없다고 해도 사회 전체의 시스템을 개선하는 효과가 있는 시스템 개혁 소송(system reform litigation)이라면 존재 그 자체로도 효용이 있을 것이기 때문이다. 헤겔은 인류역사를 자유의 확대과정으로 보았다. 이에 보태어 필자는 집단소송의 역사를 인간 개인의 자유와 인간 개인의 목숨 값을 확보해 가는 과정으로 보고자 한다. 특히 미국의 대표당사자소송은 제대로 기능하는 경우에 용기 있는 소수가 현실적인 여건 때문에 침묵하는 다수를 위하여 정의를 구현해 주는 도구로 기능할 수 있는 제도가 될 수도 있다고 생각한다. 다만 제도와 그것을 운용하는 사람의 한계 때문에 발생하는 문제점 또한 적지 않다는 점을 유의할 필요가 있다.

Solving the problem of large­scale damages and disputes in the modern society is not a problem that can be coped with any special government or specific political party. That is every industrialized country's major task in the 21st century, which could manage to be solved in an appropriate system according to the legal circumstances of each country. At the same time, modern age could be an age of systematic competition. The more diverse system itself doesn't guarantee the most efficient system in the global world. That's because the new system is not interconnected each other as a whole system with the old one, it could work rather ruinous or burdensome to the old system. In addition, with the advent of the fourth industrial revolution, modern age is moving into the era stressing on the thinking- and creativity power. In this age, well designed efficient one whole system is more important than many contradicting systems. The system reform litigation like class action which has the effect of improving the system of society as a whole, even if there is only one lawsuit filed every five years, could be very useful. Philosopher Hegel saw human history is an extension history of freedom. I would like to see the history of class and group action as a process of securing the freedom of individual and the value of individual's life value. In particular, the U. S. class action system could be work the system that a few good man can do the right thing for the silent majority due to the economic and political hardships. In addition to the class action system itself, the processes of Korea state commission whether to restart construction on Gori nuclear power plant and U. S. September 11th Victim Compensation Fund are also need to be researched at the point of governance. However, it could also noted that many problems arising out of inabilities of the people who manipulates the system and training and fostering process expert.

History of law showed that there was a legal mechanism to help mediation between a victim and an offender (criminal mediation)in an ancient society for the purpose of encouraging settlement while discouraging self-sought relief on offender even far before law was divided into two categories; criminal law and civil law. As the criminal mediation was more cost- and time-effective to maintain the peace and security of society than settling conflict or dispute through trial it was widely respected. In the past, crime was understood as harmful activities against an individual and compensation for damages that the victim suffered was prioritized. With amendment in Crime Victim Protection Act, in 2005, Korean legal system provides legal grounds for criminal mediation between victims and offenders out of court. The criminal mediation is a new system in Korea where the criminal justice is strictly interpreted and applied to cases. In fact, a dispute resolution system (so-called “private-settlement- Sahwa”) was already implemented to help parties of criminal cases to negotiate or settle out of court. Unfortunately, there are few documents about the dispute resolution system in the past and little research has been conducted. The NAISAI system of the Edo period in Japan provides insights into how an ancient criminal mediation system was implemented before institutional system was clearly divided into criminal and civil laws. Given that the criminal mediation system in Japan was also called as ‘Sahwa’, same as in Joseon, helpful would be looking into the Japanese system to understand the Korean system. It is needed to examine institutional systems and cases of other countries in Europe, the U.S or the U.K in order to help the criminal mediation system successfully take a firm root in Korea, but understanding our own mediation system in the past should be done first.

The recent financial market is changing rapidly due to deregulation and internationalization of financial companies with the flow of side work. Because of the development of the financial market, financial consumers who use financial products and financial services are also increasing. As the varied and complex financial products and financial services appeared, consumers who little have the financial knowledge made the public finance-related complaints and disputes. In particular, unlike consumer disputes and conflicts, the case of financial has features, such as expertise, complexity, uniqueness, so efficient dispute resolution is difficult. In addition, financial consumer finance company in resolving the dispute over economic, informative, an absolute disadvantage in bargaining power between the parties in dispute resolve the dispute as fair is difficult. In general, in relation to financial products and financial services, as a dispute occur, parties can choose to resolve the dispute the Parties agree, through litigation method, dispute resolution by self-regulatory organization. First, through an agreement between the parties is the easiest and fastest way to resolve disputes. However, there may be trouble -unfair agreements, implementation agreements- in the process of agreement in case either party has a relatively prominent position. Second, to resolve the dispute through litigation through the state judicial bodies to resolve disputes in a definitive is the most powerful way. However, there are problems such as excessive ordination costs, delays in dispute resolution, procedural complexity, unfit for a small-sum. Third, using dispute resolution by self-regulatory organization for dispute resolution by ADR is a way to resolve the dispute. ADR is alternative dispute resolution designed for the purpose of resolving the problems of litigation. ADR induces voluntary participation of the parties to the dispute, rapid and simple, flexible, and more reasonable dispute in accordance with the procedures. In addition, it resolve disputes with financial experts who satisfy certain requirements and dispute resolution procedures are characterized of the closed proceedings. Typically the type of ADR settlement, conciliation, mediation, arbitration are being utilized. And the United Kingdom and the United States, Canada, Japan and other major financial countries heightened the interest in ADR in the financial and institutional finance for the activation of ADR proceeds are constantly looking for improvements. In Korea, the Financial Supervisory Service(FSS), the Korea Consumer Agency(KCA), the Korea Exchange(KE), the Korea Financial Investment Association(KFIA), etc. with ADR Financial Dispute Resolution doing business has been. Even the Korea Consumer Agency(KCA) and all disputes relating to the consumer's life it is intended to resolve them, and the Financial Supervisory Service Director is subject to all financial related disputes that are the target. Thus, Korea's dispute resolution institutions required stable and easy to access dispute the settlement resolves the system in order to develop finance the event of any dispute unified and systematic basis through quickly and smoothly resolving disputes for financial institutions or financial consumer's trusted financial dispute resolution institution. In addition, for the activation of an financial institutions ADR system, continued improvement and promotion activities and public relations efforts to improve the level of financial consumers should be carried out through financial education.

As the Internet rapidly emerges as a speedy and cost-effective way of purchasing goods from overseas websites, the number of disputes arising out of overseas direct purchases also increases. In such situations, a disgruntled consumer might be left without an effective remedy. Providing an alternative approach to redress such grievances might assist in resolving such disputes and in increasing consumer confidence in e-commerce. Online Dispute Resolution (ODR) will allow consumers to solve their disputes without going to court, in a quick, low-cost, and simple way. It also helps to eliminate complex jurisdictional and choice-of-law problems. On the other hand, it has many problems such as having inadequate confidentiality and security, not being able to meet the "writing" requirement for arbitration of disputes, having difficulty in enforcing online arbitration agreements, having difficulties in enforcing online decisions and so on. This article investigates relationship online disputes and ODR and suggests ways that ODR can work best in resolving disputes arising out of overseas direct purchases. To expand the ODR system in online disputes, it is very important for domestic consumers to recognize the concept and usefulness of the Alternative Dispute Resolution (ADR) and ODR systems. The Korean government must also help consumers recognize the ADR mechanisms of dispute resolution by public campaign advertisement of ADR systems. Further education of dispute resolution in higher educational institutions is also required as well as assisting the KCAB with funds and the establishment of ADR Law.