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Academic Research

Indian Studies through Comprehensive Structural Studies

The 37th Colloquium

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□ The HK+ Team at the Institute of Indian Studies, Hankuk University of Foreign Studies, hosted the 37th colloquium on the topic "Direction for post-pandemic Indian legislation" on Monday, November 22nd.

 

The problem with the current situation of the Indian legal system is the stagnation and delay of the trial, which has worsened especially since the pandemic aggravated by poor infrastructure and financial problems. The specific causes are the lack of judges, the lack of court facilities, and the problems of application (intentionally dragging a trial for attorney's expense or fake lawyers).

India is working to resolve this through ADR (Alternative Dispute Resolution) and DR (JDR_Judical Dispute Resolution/ NJDR_Non Judicial DR). Therefore, it is necessary to clearly describe the costs of lawyers and coordinators, or to strengthen the application through the establishment of the Indian Unification Bill, because ADR is being conducted through various methods but it is still not actively applied (lack of publicity, legal insufficiency, and lack of unification bill).

The lecture compared the ADR method of the Indian and Korean courts in particular and explained the issues of the trial, which is the most problematic issue of the Indian courts. The Indian Court Coordination Center is in court-linked form, training a coordinator authorized as a coordinator training program, and coordinating it both inside and outside the court; the procedure is referred to the court by the judge after applying for mediation. This is because the coordinators cannot apply for mediation directly to the mediation center compared to Korea, and there is a problem that the efficiency of waiting for the date is low. However, it is said that it cultivates professional coordinators through the training program of coordinators, that adjustment is referred only under the consent of both parties, and that it can flexibly set the place and time of adjustment.

The existing studies of Indian law in Korea were macroscopic studies on the Indian Constitution and studies of Indian law. However, the presenter's research which compared concrete reality of the Indian law with Korean was of great appeal to participants.

 

More than 30 participants made the event successful.