The Korea Local Administration Review

‘Local Autonomy Law’ provides an alternative dispute resolution processoperated by National Dispute Mediation Committee. In case of any disputesbetween two or more local governments, National Dispute Mediation Committeecan initiate the process ex officio. National Dispute Mediation Committeeprocess as an alternative dispute resolution has many advantages over a judicialsystem ruled by courts. It must be more convenient system than the judicialsystem to settle arguments between local governments. But there may be achance to overuse its authority to intervene local affairs in virtue of publicinterests. Then, Local Autonomy supported by Constitution is threatened byCentral Government’s supervision and control.To prevent the overuse of authority, the dispute resolution processperformed by National Dispute Mediation Committee must be diversified injurisdiction, force of decisions and so forth. That means an actualization of thedefinition of ‘dispute’ and a differentiation of force of decisions. Localgovernments are allowed a wide autonomous rights and discretion in managingtheir autonomous affairs by Constitution and Local Autonomy Act. So, in caseof mediating a dispute concerned with autonomous affairs, the Committee mustdo better to consult, advise as an guide as referred to in Article 168 in LocalAutonomy Act rather than to mediate enforcedly. Restrained consult and advicecan be a better way to enhance a normative effect of National DisputeMediation Committee`s decision than a compulsory mediation.Particularly, to secure an effectiveness of National Dispute MediationCommittee`s decision, a various type of alternative dispute resolution process -such as advice, mediation, reconciliation, and so forth - must be adopted toLocal Autonomy Act.
□ Keywords: National Dispute Mediation Committee, Local autonomy, Localautonomy law, Local government, ADR(Alternative DisputeResolution)