민사소송에 있어서 사실인정의 판단구조

• 발행기관: 한국민사소송법학회
• 저자명: 김상찬 신상욱
• 간행물 정보: 『민사소송』제15권 제2호, 123~152쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.11.30

영문 초록

This thesis is based on the verdict structure of fact-finding in civil procedure. A trial is a legal process where a department of justice will recognize the detailed facts and apply regulations in order to draw a conclusion. Although the detailed facts may be recognized, the ability to choose between trial by jury and trial by judge alone in some jurisdictions presupposes a rational basis for exercising the choice.As a result, the judgement can be an invalid one, despite the judge s effort to interpret and apply the accurate regulations if thepreconditions of these facts are not clearly understood. In this sense, fact-finding is a crucial factor in forming the basis for civil suit. However, the Civil Procedure Code in Korea stipulates that the decision of fact-finding is depends upon the case s judiciary(Civil Procedure Code Article 202) and no clear evaluation method for detailed fact-finding is given. In additionm, there is hardly any evaluation training provided in the legal education. Therefore, this paper examines the meaning of fact-finding, subject fact and the fundamental structure of fact-finding as a way to systematize the structure of decision-making for judicial fact-finding. It will also attempt to explore the fact-finding obtained from evidence andratification made by collateral fact; which is derived from indirect evidence. This thesis will make a contribution in preventing any kind of irrationality that can hinder the fact-finding process and in supporting the judiciary to make rather fair and rational decisions by systematizing the structure of decision-making for fact-finding. In addition, this paper will help graduate students in law schools who have to study legal theory and practical learning in parallel.

목차

Ⅰ. 서 론

Ⅱ. 사실인정의 개념

Ⅲ. 사실인정의 대상과 자료

Ⅳ. 증거로부터 사실을 인정하는 판단구조

Ⅴ. 간접사실로부터 요건사실을 추인하는 판단구조

Ⅵ. 증명도

Ⅶ. 결 론

참고문헌

키워드

사실인정 판단구조 요건사실 주요사실 간접사실 민사소송 fact-finding structure of decision-making collateral fact main fact indirect evidence civil suit