편집자 주     본지에서는 전세계 외국인 독자들을 대상으로 한국의 역사와 문화를 정확하게 소개하기 위해 김정기 변호사의 칼럼을 영문판으로 연재를 시작합니다.

한국의 역사와 문화에 관심있는 전 세계인들에게 도움이 되길 바랍니다.

한국어 독자들은 한국어로 번역된 화면이 보이므로 반드시 사이트 상단에서 원문보기로 설정하셔야 영문판으로 보실수 있습니다.
 

 


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☆김정기 총장 주요 약력☆

 
● 학력
- 뉴욕주립대학교(StonyBrook) 정치학과 수석졸업
- 마케트대학교(Marquette) 로스쿨 법학박사
- 하버드대학교(Harvard) 케네디스쿨 최고위과정
- 베이징대학교(Peking) 북한학 연구학자

 
● 경력
- 제8대 주상하이 대한민국 총영사(13등급 대사)
- 2010 상하이엑스포 대한민국관 정부대표
- 아시아태평양지방정부네트워크(CityNet) 사무국 대표
- 세계스마트시티기구(WeGO) 사무국 사무총장
- 밀워키지방법원 재판연구원 
- 법무법인 대륙아주 중국 총괄 미국변호사
- 난징대학교 국제경제연구소 객좌교수
- 베이징대학교 동방학연구원 연구교수
- 국민대학교 정치대학원 특임교수
- 동국대학교 경영전문대학원 석좌교수
- 숭실사이버대학교 초대 총장

 
● 저서
- 대학생을 위한 거로영어연구[전10권](거로출판사)
- 나는 1%의 가능성에 도전한다(조선일보사)
- 한국형 협상의 법칙(청년정신사)
- 대한민국과 세계 이야기(도서출판 책미듬)

(NewsKorea=Seoul) Digital News Team = My Story 6 - ● Becoming an International Negotiator and US-trained Attorney-at-Law

January 5, 2000.

After focusing my studies on Alternative Dispute Resolution (ADR) – Negotiation, Mediation, and Arbitration – during law school, I worked as a judicial law clerk at the Milwaukee Circuit Court. My role included serving as a solo mediator for small claims cases involving amounts under $5,000. While the period was not long enough to gain extensive experience, it provided a valuable opportunity to observe the lives of ordinary Americans and learn about their unique approaches to resolving disputes.

The majority of the cases I handled involved various conflicts among ordinary people. Mediation in these cases revealed a mindset fundamentally different from that of Korean culture, one characterized by meticulous calculation. I was often astonished by their inclination to take even the smallest disputes to court, rather than letting go as Koreans might do for peace of mind. Adjusting to this rational and precise way of thinking was challenging, as my own Korean background often interfered with achieving objectivity.

My first mediation case was a conflict over compensation for carpet damage between a landlord and a tenant. The landlord demanded compensation from the tenant for damage to the carpet, while the tenant argued that they should not bear the full cost of repairs. With neither party willing to compromise, the matter ended up in court.
To understand their positions, I asked both parties specific questions.

I first asked the landlord:

“How long have you had the carpet?”
“Seven years.”

“How long did the tenant live in your property?”
“One year.”

“What was the initial cost of the carpet, and how much are you asking the tenant to pay for repairs?”
“I bought it for $500. The damage is so extensive that repairs will cost at least $200.”

I then turned to the tenant:

“What was the condition of the carpet when you moved in?”
“It was already quite worn.”

“Did you cause any additional damage to the carpet?”
“The carpet did sustain some scratches while I was moving furniture, but it was already old and fragile.”

After listening to both sides, I needed to propose a negotiation solution. True mediation does not involve a winner and a loser; it seeks a win-win strategy that minimizes loss for both parties and satisfies everyone involved.

While the tenant had indeed caused some damage, I determined that the landlord’s demand for nearly half the original purchase price was unreasonable, given the carpet’s age. I presented the following resolution:
“Damaging someone else’s property naturally requires compensation. However, demanding full repair costs for a worn-out carpet is excessive. If the carpet were relatively new, it would be reasonable for the tenant to bear a greater portion of the cost. However, this carpet has been used for seven years. Therefore, I suggest splitting the $200 repair cost equally.”

Both parties accepted this resolution, and the case was settled.

Most individuals embroiled in disputes find resolution through impartial court mediation. Despite the small sums involved, once calculations are finalized, even those who were once fiercely opposed leave the court shaking hands and reconciling.

The goal of mediation is to find a solution that satisfies both parties. Consider two individuals arguing over a single orange. Initially, both insist on having the entire orange. Eventually, they agree to cut it in half and share it. However, if the mediator investigates why each party wants the orange, one might need it for its juice, while the other requires its peel for baking. In such cases, splitting the orange according to their needs satisfies both parties without either feeling shortchanged. This is the essence of mediation.

In addition to landlord-tenant disputes, I encountered cases involving friends or couples arguing over financial matters. For instance, a college student who purchased a used car from a friend demanded compensation when the car broke down within a week.

I also mediated disputes between cohabiting couples separating after disagreements over rent or phone bills. After meticulously calculating every penny, they parted ways amicably. Unlike Koreans, who might leave the courtroom in tears or begging for reconciliation, these individuals hugged goodbye, having resolved all monetary matters. Although such behavior seemed unusual to me, their ability to part ways cleanly after resolving their disputes was impressive. Perhaps they believed that fully addressing financial matters helped to clear emotional grievances as well.

Americans excel at controlling their emotions. Rarely did I witness personal attacks or verbal abuse during disputes. Even after the September 11, 2001, terrorist attacks that brought down New York’s Twin Towers, American television refrained from showing the anguish of grieving families.

In contrast, Koreans often avoid court even when faced with serious disputes, resorting to emotional outbursts or fights. Many prefer to endure personal loss quietly rather than face the stigma of being perceived as petty.

Strengthening court mediation functions can alleviate the fear and resistance associated with legal proceedings. It allows for a more rational resolution of disputes, with the assistance of legal professionals. The purpose of mediation is to create a win-win outcome where no party is left defeated. This approach fosters harmony, unlike trials that produce clear winners and losers.

A society divided into winners and losers struggles to promote unity. Winners live in constant tension, fearing their fall, while losers bear emotional scars. Mediation, however, encourage compromise and mutual understanding, paving the way for a healthier society.

Mediation also offers procedural advantages. Disputes can often be resolved in less than three hours, as opposed to the lengthy and costly litigation process. Lowering the threshold for accessing courts ensures that even ordinary citizens can seek justice without hesitation.

In the U.S., 95% of court cases are resolved through mediation, with over 70% reaching agreements. In Korea, mediation is primarily limited to family law but should be expanded to other areas. A system that prioritizes negotiation and compromise teaches individuals the value of mutual understanding.

Korean society must move away from a divisive framework and toward a harmonious one. Institutionalizing mediation practices that emphasize empathy and compromise is essential for this transition.

☆ Author:  Atty Jeong-kee Kim ☆

● Education
- Bachelor of Arts in Political Science, Summa Cum Laude, State University of New York at Stony Brook
-  Doctor of Jurisprudence, Marquette University Law School
- Senior Executive Program, John F. Kennedy School of Government, Harvard University
- Research Scholar in North Korean Studies, Peking University

● Experience
- Consul General of the Republic of Korea in Shanghai
- Commissioner General for the Korean Pavilion at the 2010 Shanghai Expo
- CEO, Asia-Pacific Local Government Network for Economic and Social Development (CityNet)
- Secretary General, World Smart Sustainable Cities Organization(WeGO)
- Law Clerk, Milwaukee Circuit Court, USA
- Senior Attorney-at-Law, Dr & Aju LLC
- Distinguished Visiting Professor, World Economy Research Institute, Nanjing University
- Research Professor, Institute of Oriental Studies, Peking University
- Distinguished Professor, Graduate School of Political Science, Kookmin University
- Chair Professor, Graduate School of Business, Dongguk University
- First President of Soongsil Cyber University

● Publications
- Georo English Studies Series for College Students [10 volumes] (Georo Publishing)
- I Challenge the Possibility of One Percent (Chosun Ilbo)
- The Art of Negotiation (Cheongnyonneongsin Publishing)
- Korea and the World (Chekmidum Publishing)