갑오개혁기(1894∼1896) 민사소송제도의 시행과 ‘私權’ 신장

• 영문명: Civil Action System and the Extension of a Private Right in the Kabo Reform Period (1894∼1896)
• 발행기관: 한국근현대사학회
• 저자명: 金恒基(Kim, Hang-ki)
• 간행물 정보: 『한국근현대사연구』제67집, 227~258쪽, 전체 32쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

This study aims to elucidate the historical significance of the Kabo reform and to analyze how the perception of a private right was adopted and extended in the society at the time by examining circumstances surrounding the establishment and operation of civil action system, which was established during the Kabo reform period (1894~1896). Before the reform, the traditional judicial system was not divided into civil action and criminal action, and the judicial responsibilities were dispersed into many different offices. But during the reform, the judicial structure had gotten systemized and, therefore, more people could easily use the system than before. An analysis of trial results shows us that there were higher rate of favorable decisions for the plaintiff. It also tells us that a large number of commoners used a civil action system actively and many of them won their trials. But when a defendant was from the higher class and the plaintiff was from the lower class, there were more chances for the defendant to win the trial. The fact that higher class people won more trials than the lower class people means that equal opportunities were given to everyone to access the judicial system, but the results of trials were still not completely free from the influence of the old status system. However, before the reform, people from the lower class couldn’t even access the judicial system at all. Therefore, the fact that the lower class people could use the judicial system more easily and there were still some cases that they won the trial over the higher class people has an important significance. Civil action system established during the Kabo reform period played an important role for the extension of a private right of commoners at the time. During the reform period, commoners actively used an appellate trial system to defend their private right. When they were not satisfied with a result of trial, regardless of the outcome of the trial, they freely lodged an appeal. The establishment of an appellate trial system meant that there were a specific way for the people to get compensation for disadvantages they received from an unfair trial, thus, more people used the system. People also realized that their private right was could be protected through the system. On this wise, an appellate trial system played a significant role for the protection and extension of a private right of commoners. From the information gathered above, it is possible to regard the Kabo reform as an practical reform not just ‘a paper reform’, cause it actually had substantial impacts on lives of commoners at the time.

목차

1. 머리말

2. 민사소송제도의 도입과 시행

3. 민사소송의 양상

4. 私權의 행사와 發現

5. 맺음말

참고문헌

키워드

갑오개혁 민사소송 私權 민사판결 민형소송규정 한성재판소 Kabo Reform Civil Action System Private Right a civil trial Civil Procedure Law Hansung Lawcourt(漢城裁判所)