시·군법원에서의 소액사건처리절차 개선방안

• 영문명: Small Claims Procedure Improvement Policy in the Municipal Court:Focused on Civil Mediation
• 발행기관: 중앙대학교 법학연구원
• 저자명: 崔沃煥(Choi, Ok-Hwan)
• 간행물 정보: 『법학논문집』法學論文集 第33輯 第1號, 67~92쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.08.30

영문 초록

We experience various big and small conflicts in life. The most effective way to solving these conflicts is through a peaceful agreement between the concerned parties, and when it was difficult to reach a solution through such agreement, we have relied on the traditional method of filing a lawsuit. Filing a lawsuit, however, posed a fundamental problem both time-wise and economically. Therefore, in the search for a more effective conflict resolution method, we discovered arbitration. Arbitration certainly is not the all-around means for conflict resolution, but compared to filing a lawsuit, it allows a faster and more economic solution to the conflict. The distinctive character and advantages of the arbitration system can be applied in the municipal courts focusing on small claim cases. The municipal court was introduced in our country on September 1, 1995. At that time, most small and medium-sized cities and district regions had only the circuit court and lacked courthouses. In order to address the inconvenience of the citizens living in these regions, the Supreme Court established permanent courthouses, also known as municipal courts. Accustomed to giving quick and simple trials rather than attending sufficiently to each individual case, however, the municipal courts managing the small claims cases ended up in supplying reasons for the inhabitants to distrust the judiciary. This paper examines the national court system and the small claims procedure at the municipal courts. Furthermore it proposes a policy that will enable the municipal court to improve its judicial service through effective management of small claims cases and to concurrently build the citizens’ trust in the judiciary.

목차

Ⅰ. 서론

Ⅱ. 국내법원의 조직과 시·군법원

Ⅲ. 현행 시·군법원의 소액사건 및 조정제도

Ⅳ. 시·군법원에서의 소액사건처리제도의 문제점과 개선방안

Ⅴ. 결론

참고문헌

Abstract

키워드

조정(conciliation mediation) 소액(minimum amountion) 소송행위의 대리(representation of act of procedure) 민사소송절차(civil procedure) 대체적 분쟁해결제도(ADR(Alternative Dispute Resolution))