캄보디아의 분쟁해결문화와 협상방식 : ADR를 중심으로

초록

The main types of conflict resolution in Cambodia has been mediation and conciliation for a long time in local villages. Chin Lap Phong Tho Ky(1296-1297) shows that the alternative dispute resolution was dominant in Chin Lap during 13th century. Furthermore, survey results supported by Asia Foundation also shows that village chief utilizing mediation is a key person in dispute resolution within the village. Survey results suggest that local villages are insulated from outside world in terms of dispute resolution. Because, most of disputes are resolved by village chief or elders in the village. In addition, police also plays an important role of dispute resolution related with youth gang within the village. On the other hand, major disputes in modern Cambodia are characterized by two distinct areas: labor disputes and land disputes. Cambodia has recently experienced rapid economic growth in the 21st century. In particular, garment and textile industry contribute to the export growth of Cambodia. Concomitantly, it was reported that there has been labor disputes in garment and textile factories. ILO suggested to establish dispute resolution institution in Cambodia. There are three kinds of dispute resolution mechanism to deal with labor disputes: negotiation, mediation and arbitration. On the other hand, Cambodia experiences massive land disputes because of conflicts between returnees and land tenants. Faced with labor disputes, Cambodian government has endeavored to solve disputes by creating a diverse of kinds of institutions. Arbitration Council of Cambodia (ACC) is a dominant institution among them.

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