가사비송절차에서의 참가와 수계

• 발행기관: 한국민사소송법학회
• 저자명: 김원태
• 간행물 정보: 『민사소송』제24권 제2호, 39~76쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

In the procedure of family non-litigation, the concerned party formally involved in the procedure(formal concerned party) can be different from the person subjected to the effect of trial(practical concerned party). In family non-litigation cases with no other party, in particular, the claimant initiates the procedure and submits trial materials, but the effects of trial may be on the relevant person. In such a case, it is needed to provide interrogation and hearing opportunities to the person subjected to the effects of trial or directly influenced by the legal status of trial outcomes and guarantee the person s status of getting involved in the procedure and engage in procedural acts. Even in family non-litigation cases with the other party, it is needed to guarantee the person that will have his or her status or interests under the direct influence of trial outcomes of a chance to intervene in the procedure in advance. It is the common view that the suspension of the procedure will not be recognized in the family non-litigation procedure as the procedure proceeds mainly by the procedural speed and authority. The other party s intervention should be guaranteed in the examination of evidence by the concerned party s interrogation and request. In family non-litigation cases with the other party, in particular, examination of evidence despite the suspension of the procedure is not allowed as it happens to ignore the successor s right to intervention and opportunity to make a statement. Just because the suspension of the procedure is not recognized in the family non-litigation procedure, it does not mean that there can be no succession of the procedure. The present study reviewed the intervention and succession regulations in the family non-litigation procedure in the current Family Litigation Act and its general revision bill from the perspective of procedural guarantee for the concerned and interested parties and drew its own conclusions.

목차

Ⅰ. 머리말

Ⅱ. 가사비송절차에서의 참가

Ⅲ. 가사비송절차의 수계

Ⅳ. 문제점과 개선방안

Ⅴ. 맺는말

키워드

가사비송 사건본인 이해관계인 절차보장 참가와 수계 family non-litigation relevant person interested party due process intervention and succession