JIN Guidelines 및 서울회생법원 공조준칙에 비추어 본 국제민사사법공조의 개선 방향

• 발행기관: 한국민사소송법학회
• 저자명: 이연주
• 간행물 정보: 『민사소송』제25권 제1호, 227~253쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.02.28

영문 초록

In the Korean civil procedure, international judicial cooperation has been limited to entrusting delivery or examination of evidence, and cooperation with foreign courts seems to have deviated from the central topic of discussion. However, as international exchanges become more common and international lawsuits expand, the amount of international cooperation with foreign courts is expected to increase. In the case of cross border insolvency, international judicial cooperation is a very important issue. because judicial cooperation in such cases is required along the line consistently. This is in a contrast to occasional general case or only in exceptional circumstances. With this background, the field of international insolvency is the area in which the regulations on judicial cooperation are inevitably developed, and the JIN Guidelines, Modalities, and Seoul Bankruptcy Court Procedural Guidelines were born as pioneering norms. Regarding the cross-border Insolvency case, although Article 461 of the Debtor Rehabilitation and Bankruptcy Act stipulates international judicial cooperation. The text is only outlines the general principles of cooperation. The Seoul Bankruptcy Court Procedural Guidelines referred to the JIN Guidelines. However most regulations related to the rights of the parties are excluded and the participation of the parties is determined at the discretion of the court. The Korean Civil Procedure Act only references Article 191 regarding international judicial cooperation act on the international judicial mutual assistance in civil matters and does not include provisions to ensure the opportunity for the persons concerned to participate in the process. Legislatively, when our courts receive a request for judicial assistance from a foreign country or when it a request is made for judicial assistance, it must notify the parties or interested parties in advance about the contents and procedures, and the right to participate in the procedures if wanted. In addition, it is necessary to guarantee the active right of the parties to request cooperation with foreign courts from the court.

목차

Ⅰ. 서론

Ⅱ. 사법공조의 의의

Ⅲ. 관련 규정

Ⅳ. 국제도산절차에서의 사법공조

Ⅴ. 서울회생법원의 공조준칙 검토

Ⅵ. 입법론(결론에 대신하여)

키워드

사법공조(international judicial cooperation) 도산사법네트워크(Judicial Insolvency Network) 진 가이드라인(JIN Guidelines Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters) 국제도산(Cross border Insolvency) 서울회생법원 실무준칙(Seoul Bankruptcy Court Procedural Guidelines) 당사자권(the rights to international judicial cooperation)