A Study of the Legal and Practical Coherence of the Public Conflict Management System in Korea : A Proposal on the Legislation and Establishment of a Virtuous Cycle System

South Korea's 20-year-old public conflict management system, based on Presidential Decree, faces ongoing effectiveness debates and failed legislative reforms. This paper critiques legislative efforts that ignore significantly changed legal environments and the system's operational limitations, instead adhering to an outdated framework. It analyzes the current legal landscape and the core conflict management mechanisms (object, subjects, methods like conflict impact analysis and participatory decision-making), assessing their institutional significance and shortcomings. Findings reveal that many system elements are now covered by individual or other laws, necessitating role-sharing. The current system suffers from an ambiguous definition of 'conflict,' ineffective impact analyses, questionable participatory methods, and a lack of mediation experts. Consequently, the paper argues that a new 'Basic Act on Public Conflict Management' should not directly regulate individual mechanisms but rather enhance the overall system's efficiency and coherence. Key proposals include clarifying the Act's purpose and scope, strengthening public and private expert capabilities, and establishing a virtuous cycle for conflict task management.