문서제출의무의 범위에 관한 개선방안 연구

• 영문명: A Study on the Improvement of the Scope of the Duty to Produce Evidentiary Documents
• 발행기관: 한국민사소송법학회
• 저자명: 이호원(Ho Won Lee)
• 간행물 정보: 『민사소송』제17권 제1호, 9~49쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.05.30

영문 초록

Under the previous Korean Code of Civil Procedure(KCCP), the court could make an order to produce evidentiary documents, only when the documents fall within the categories of “cited documents,” “documents subject to pos-sessory or inspection right,” “beneficiary documents,” or “legal relationship documents”. The KCCP was amended in 2002 to add a new provision(§344②) which establishes the general duty to produce all kinds of documents. However, (i) self-incriminatory documents, (ii) documents about professional or trade secrets, (iii) documents held by the holder exclusively for his/her own use and (iv) documents possessed by governmental entities are exempt from this duty. But there are some criticisms that the amendment raises many legal problems and it restricts just and fair production of documents. In light of the general need to disclose all the related evidence and to make public all the information of public institutions, it will be desirable to make it a general duty to produce all the evidentiary documents. By comparing benefits of disclosing the documents and those of concealing the documents, the courts should decide in camera whether or not to disclose each document subject to the production. The most important question is how to establish the standards for such comparison which can be accepted by all the parties of civil litigation. In answering this question, this article proposes that the duty to produce documents be expanded to include all kinds of documents including those possessed by governmental entities, and the grounds to refuse document production be limited to the cases such as when documents are related to important national interests, to grave privacy matters, or to the legally acknowledged rights to refuse testimony.

목차

Ⅰ. 서론

Ⅱ. 현행법상 문서제출의무의 범위

Ⅲ. 현행법에 대한 비판론

Ⅳ. 현행법의 개선 방안

Ⅴ. 결론

참고문헌

키워드

문서제출명령 인용문서 인도·열람문서 이익문서 법률관계문서 자기사용문서 공무문서 비밀심리절차 an order to produce evidentiary documents cited documents documents subject to a possessory or inspection right beneficiary documents legal relationship documents documents held by the holder exclusively for his/her own use documents possessed by governmental entities in camera proceeding