문서제출명령 발령절차와 제출명령위반의 효과

• 영문명: The Issuing Procedures on Respect of Document Production Order and the Effects of its Violation
• 발행기관: 한국재산법학회
• 저자명: 김원태(Kim Won-Tae) 김상영(Kim Sang-Young)
• 간행물 정보: 『재산법연구』財産法硏究 第23卷 第2號, 467~497쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.10.01

영문 초록

  The issuing procedures of document production order were newly established to reduce the document specification responsibilities of the concerned party. If the person with the concerned documents decides to violate the order and doesn"t submit them, the order is not officially issued because the applicant doesn"t get to specify the manifestation and intentions of the documents. There is no direct restriction upon the person refusing to open the concerned information. But he or she can be subject to proper disadvantages in the forms of dismissing it as a defense approach not submitted timely, taking into account the situation in terms of the entire debate, or employing the arbitration period system for proving certain facts. Thus the system of submitting the list of documents complements the application for the order to submit them and serves as a critical means to rectify the maldistribution of proof in modern cases.
  As the scope of document submission accountability has widened according to Article 344, the judgments of an application grow more complex. In that respect, it"s great to introduce the in camera proceedings from the perspective of harmony between protection of secrets and request for discovery of truth.
  The system of order to submit parts of the documents can force the concerned party to submit the concerned documents except for the parts for which they were exempted from the order in the first place. With the effects of facilitating the issuing order itself actively, the system is expected to contribute to discovery of truth in the case.
  The truth fiction applied upon the party that didn"t submit the documents not only fulfills its goals as a truth fiction, but also aims to make the person with the documents submit them. As it was discussed in the revision process of the civil suit acts, the court should accept the opponent"s arguments as truth to make the order system effective in case that the opponent has specific arguments about the statement of the documents or that the fact can hardly be proved with other pieces of proof than the documents.

목차

Ⅰ. 머리말
Ⅱ. 문서제출명령의 신청
Ⅲ. 문서제출명령의 심리절차
Ⅳ. 문서제출명령 위반의 효과
Ⅴ. 맺는말
참고 문헌
〈Abstract〉

키워드

문서제출명령 문서목록제출 in Camera 절차 일부제출명령 document production order submission of the list of documents in camera proceedings order to submit parts of the documents