Whether Article 31(2) of the General Conditions of the Facility Construction Contract, which is the Accounting Rules of the Ministry of Finance and Economy, constitutes a selective arbitration clause in the case of partial incorporation into the contract.

Article 31 of the General Conditions of Construction Contract between the Plaintiff and the Defendant to be incorporated into a part of the above construction contract, which is the general rules of the Ministry of Finance and Economy at the time of the contract for construction work between the Plaintiff and the Defendant. Article 31 of the General Conditions provides that “Any dispute arising out of the contract except as provided in the pertinent contract documents and the Budget and Accounts Act, shall be resolved by both parties (paragraph 1). If an agreement is not reached under paragraph 1, a party may settle the dispute by arbitration by the Mediation Commission established under the provisions of the pertinent Act or arbitration by arbitration under the Arbitration Act (paragraph 2).” In the first arbitration procedure upon the Plaintiff’s request for arbitration, if the Defendant raised a dispute only on the merits from the second arbitration date, and at the same time, there was no legitimate arbitration agreement at the same time, and if either of the parties to the contract requests an arbitration procedure, not by the first arbitration date, to the other party, not by the first arbitration procedure or by the first arbitration date, the dispute resolution becomes effective.