구로분배농지 민사재심 사건에 관한 몇 가지 쟁점

• 발행기관: 한국민사소송법학회
• 저자명: 정성윤
• 간행물 정보: 『민사소송』제24권 제2호, 121~150쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

The Guro Distributed Farmland Incident refers to a dispute between the state and farmers who were deprived of farmland in 1961 when the state forcibly accommodated about 300,000 pyeong of land in the area to create the Guro Industrial Complex in Guro-dong, Seoul. At that time, the farmers filed a complaint and won the case, claiming that the land was legally distributed under the relevant laws. However, when the above decision was finalized, the prosecution investigated the officials who testified in favor of the farmers and farmers who claimed ownership of the land and wrote documents that matched the farmers claims, and found them guilty of fraud and perjury against them. Based on this investigation, the state sought a civil retrial of the above decision and won the case, taking back ownership of the above land. However, it was not until July 2008 that the Truth and Reconciliation Commission decided to investigate the truth to the effect that the investigative agency had illegally arrested the farmers and others, abused them and forced them to confess. As a result, a series of civil and criminal retrial requests were filed by the bereaved families of the victims, and the Supreme Court ruled in favor of the victims in civil retrial and compensation cases. In the case of civil retrial, in particular, the Supreme Court compared and sentenced the need to correct defects and deemed the former superior to the latter, and widely utilized the retrial system to remedy the rights of the people. Although unfortunate history such as the Guro-distributed farmland incident should not be repeated in the future, it is believed that this incident has created a means of abundant discussion regarding the retrial system, which seems to have not been conducted in depth. Through the various rulings introduced earlier, it is hoped that more active discussions and research on issues that have not been addressed in the retrial section will be made.

목차

Ⅰ. 서설

Ⅱ. 사건의 경위 및 대법원의 판단

Ⅲ. 재심의 심판대상

Ⅳ. 재심의 소의 이익

Ⅴ. 재심 제기기간

Ⅵ. 재심청구와 통상의 민사상 청구의 병합

Ⅶ. 결론

키워드

구로분배농지 재심의 심판대상 재심의 소의 이익 재심청구의 병합 재심제기의 기간 Guro Distributed Farmland Object of Retrial Interests in Retrial Objective Consolidation of Retrial Period for Filing Petition for Retrial