片面的 獨立當事者參加

• 영문명: A Study on the Intervention of an Independent Party
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 심중선(Joong-Sun Shim)
• 간행물 정보: 『비교사법』比較私法 제14권 제1호, 417~444쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  The revised civil procedure law in 2002 permits the single sided independence party intervention with the only counterpart participates which one of the plaintiff and defendant and it applies Article 67 of civil procedure law which is a regulations against an essential joint litigation (civil procedure law Article 79, Item 2). This article examined regarding the lawsuit relationship between the lawsuit structure of this single sided intervention and the parties for there is not relationship of claim.
  The single sided participation lawsuit is not three sides lawsuits where one side is reserved or the annexation of simple two lawsuits, in the independent three parties which hold mutual in check, as two lawsuits were united between the existing plaintiff-defendant and intervener vs person in whose favor the intervention is made it is a thought which is a lawsuit that the principle of law of essential joint litigation is applied.
  It is a unreasonable thought that recognizes the effect of excluding further litigation or a participate effect interpretation between the parties who is not relationship of claim from single sided intervention lawsuit. But In case of denying or conversely asserting from after lawsuit the fact which the intervener gives positively proof and assertion, as the preceding act and contradictory conduct which are based to the principle of faith and trust of civil procedure law Article 1, Item 2, there is room for think that applying the principle of faith and trust.
  Also to the independence party intervention is a requisitions and a participation reason that two requirements have reason which does not give a veto right against participation to the hitherto parties. But I think that to the single sided intervention which is not one in two requirement, for a party equality and a procedural guarantee must recognize an objection right against participation in opposing party of the person in whose favor the intervention is made.

목차

Ⅰ. 서론
Ⅱ. 독립당사자참가의 소송구조
Ⅲ. 필수적공동소송에 대한 특별규정의 준용
Ⅳ. 참가인과 참가인의 청구가 없는 당사자의 소송관계
Ⅴ. 결어
【참고문헌】
【Abstract】

키워드

편면참가 한쪽당사자참가 편면참가소송 편면적 독립당사자참가 참가인. 피참가인 피참가인의 상대방당사자 독립당사자참가 합일확정 Intervention of an Independent Party Single Sided Intervention. Single Sided Participation Lawsuit Independence Party Intervention Intervener