구술심리의 실무적 고찰

• 발행기관: 한국민사소송법학회
• 저자명: 김학기
• 간행물 정보: 『민사소송』제13권 제1호, 177~213쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.05.30

영문 초록

The supreme court tried to provide higher quality of law service by oral trials to maximize the communication between parties and judges, and in due process tried to make the interested party appear persuasive and enhance the reliability of the judicature and proceeding satisfaction by the judge’s natural exposure of the conviction. However, the reality of trial currently cannot sufficiently meet the above conditions. The new model is estimated to bring generally positive results the reduction of appointed trial date for lawyers or waiting period etc. but it appears that the discrepancy between the ideal of oral trial and the reality felt by surveyed lawyers on the scene is significantly different. Although many legislations of countries stipulate revival or revitalization of oral trials, but it seems that most countries except England and the United States etc. fail to bring satisfactory results. If judges and courts are enlarged to guarantee sufficient time for oral trial proceeding per each case and if facial expressions and behavior changes are well reflected by methods such as stenography, sound recording, and video recording, substantial oral trials can be proceeded. Therefore in the status quo, the success or failure of oral trial depends on judges’ability to grasp the core and issue of cases and to proceed trials skillfully and parties and lawyers’ preparation for and attitude toward oral trials. If an oral trial is enforced without the preparations above, it will eventually be a wasteful formality providing little help understanding the facts of a case. Hence, to revitalize oral trials, positive attitude of partakers of lawsuits, narrowing the gap between the ideal and reality in oral trial, acknowledging flexible choice of trial methods, substantial recording of oral trials, and enforcing oral trial training of preparatory lawyers and so forth are needed.

목차

Ⅰ. 口述審理 導入과 論議點

Ⅱ. 口述審理에 대한 設問調査

Ⅲ. 口述審理의 一般論과 立法例

Ⅳ. 改善方案

참고문헌

키워드

심리방식 구술주의 구술심리 재판상의 절차적 만족 신모델 서면주의 공개 주의 oral principle oral trial procedural satisfaction on trial new model principle of paper principle of public method of trial