가사소송의 국제적 경합

• 영문명: The International Concurrence of Domestic Litigation
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김원태(Won Tae Kim)
• 간행물 정보: 『비교사법』比較私法 제16권 제3호, 597~629쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

There can be family courts of multiple nations to appeal to when they hope for a resolution based on family trials regarding conflicting family cases. As a result, a case being tried at a foreign family court can be appealed to a Korean family court, and vice versa. Such a situation will be referred to as the international concurrence of domestic litigation in this paper. If concurrence of international litigation is ignored, there can be conflicting judgments from a foreign and Korean court. Conflicting rulings can lead to crippled legal relations. Concurrence of international litigation should therefore be controlled in any possible ways in order to prevent such a disaster. When it concerns a family case, they should take into account the unique attributes of family cases. In Korea, concurrence of international litigation has been dealt with as a civil suit. In the study, the issue was discussed with family cases. First a comparative law approach was taken to find implications for the interpretation and legislation of the Korean law and to examine the specific treatments of concurrence of international litigation in Korea. When controlling international concurrence in domestic litigation, they should take into full account the prevention of crippled legal relations and the procedural protection of a third party according to the expansion of the ruling's effect. The comparative law review indicates that even Germany, which is known to deal with concurrence of international litigation in relation to the approval system of foreign rulings, takes a relatively flexible approach to individual cases by considering the goals of controlling concurrence of international litigation. The investigator believes that there are no logical connections between concurrence of international litigation and approval of foreign rulings and that there is no validity in first seized court principle, which means they should actively and rapidly file for a trial in Korea when there are profits and needs for it involved. And there are many family cases whose statutory time limitations are set, which suggests that it's necessary to suspend litigation procedures instead of dismissing a case even when the court recognizes it's proper to have litigation hearings at a foreign court first.

목차

Ⅰ. 머리말

Ⅱ. 비교법적 고찰

Ⅲ. 우리나라에서의 현상과 국제협약

Ⅳ. 국제적 소송경합의 규율방법 검토

Ⅴ. 맺는말

참고문헌

Abstract

키워드

가사소송 국제적 소송경합 비교형량설 소송절차의 중지 이혼 및 별거의 승인에 관한 헤이그 조약 Domestic Litigation Concurrence of International Litigation Proper Forum Suspending Litigation Procedures Convention on the Recognition of Divorces and Legal Separations