재판상 화해 간주 효력의 기판력과 그 범위

• 영문명: Court Settlement’s Res Judicata Deemed Effect and It’s Limit
• 발행기관: 한국민사소송법학회
• 저자명: 유병현(Byung Hyun Yoo)
• 간행물 정보: 『민사소송』제20권 제2호, 105~142쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.11.30

영문 초록

When a court settlement is entered in the protocol of trial or that of the preparatory date for trial, such protocol shall have the same effect as a final and conclusive judgment(Civil Procedure Act § 220). This effect of court settlement regarded as res judicata effect of judgement by the Supreme Court precedent, because according to Article 461 of the Civil Procedure Act a petition against a court settlement is allowed only by a quasi-retrial. According to Article 18(2) of the Act on the Honor Restoration of and Compensation to Persons related to Democratization Movements, if an applicant approves the compensation committee’s determination of the payment of compensation, a court settlement under the Civil Procedure Act is deemed issued concerning damage suffered in relation to democratization movements. The Supreme Court ruled that a democratization movement-related person who approved the compensation committee’s determination for compensation money may not file a lawsuit for consolation money for wrongful imprisonment discovered by the criminal court retrial, which is recommended by the of historical settlement committee, because the res judicata effect of court settlement preclude the lawsuit for that consolation money. This article focuses on this supreme court case regarding the limits of res judicata effect of court settlement concerning compensation money.

목차

Ⅰ. 서론

Ⅱ. 대법원 전원합의체 판결

Ⅲ. 평석

Ⅳ. 맺음말

참고문헌

키워드

재판상 화해 기판력 민주화운동 보상금 위자료 Court Settlement Res Judicata democratization movement compensation money consolation money