韓國의 少額事件審判制度

• 발행기관: 한국민사소송법학회
• 저자명: 金尙永
• 간행물 정보: 『민사소송』제15권 제2호, 417~451쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.11.30

영문 초록

The purpose of Trial of Small Claims Act in Korea is to prescribe special cases of the Civil Procedure Act for the purpose of dealing with small civil claims rapidly by using simple procedures in district courts and their branch courts. This Act has been amended several times. A small claims case is subject to special expeditious procedures. A small claims case in Korea means a case in which the plaintiff claims the payment of money, fungibles, or securities not exceeding 20 million Korean won. In these cases, the court is not required to state the grounds for its rulings, and judgment can be rendered on the same day of closure of the hearings(pleadings). Evidentiary rules are more lenient and flexible than under regular procedures. The court may even allow an immediate relative of a party to represent the case. The Supreme Court rarely reviews small claims cases. Specially Trial of Small Claims Act Article 5-3(Recommendation of Performance by Decision) was newly inserted by Act No. 6410, Jan. 29, 2001. A court may, in case where an action is instituted, recommend the defendant to perform according to the gist of claim, by annexing a duplicate of bill or a transcript of protocol for the institution of action by a decision except some unsuitable cases. The defendant may, within 2 weeks from the date of receiving a transcript of a decision on performance recommendation, file an objection in writing. A decision on performance recommendation shall, in case where the defendant fails to file an objection within 2 weeks from the date of receiving a transcript of a decision, or where the ruling of dismissing an objection becomes final, or where an objection is withdrawn, be valid equal to an irrevocable judgment. A compulsory execution based upon the decision on performance recommendation shall be conducted by the formal copy of the decision, without obtaining a delivery of the written execution. The above-mentioned special expeditious procedures on trial of small civil claims in Korea, I think, have gone far toward mitigating the intolerable burdens of judges and broadening the ways for the commonalty (especially the destitute) to access to courts.

목차

Ⅰ. 序 言

Ⅱ. 對象(適用範圍)

Ⅲ. 特例的 節次(規定)

Ⅳ. 實務 現況

Ⅴ. 結語

참고문헌

키워드

소액사건 소액사건심판법 소액소송 소액법원 이행권고결정(Recommendation of Performance by Decision) small claims case Trial of Small Claims Act small civil claims procedure small claims court