국내토지관할 규정의 국제적 정합성

• 발행기관: 한국민사소송법학회
• 저자명: 한충수
• 간행물 정보: 『민사소송』제13권 제2호, 125~148쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.11.30

영문 초록

In 2001 Korean Private International Law(KPIL) was totally revised to change it’s role in legal field. In the past KIPL has handled just applicable law but revised law handles also international jurisdiction. Especially, art. 2 provides principle of international jurisdiction although it is very abstract and codifies mainly stance of the past judicial precedents of the Korean Supreme Court(KSC). However, the KSC has had similar opinion even after the revise of KPIL and sometimes did not obey intent of art. 2. In the event, we could not achieve our goal with KIPL art. 2 because it contains very abstract principle of international jurisdiction and the potential parties could not precisely prognose Korean court’s decision about international jurisdiction. Then we need to make specific jurisdiction clauses of international jurisdiction such as domestic jurisdiction clauses in Korean Civil Procedural Law(KCPL). In this article the author wrote about general jurisdiction of judicial person and special jurisdiction of establishment and the site of assets because these clauses have been frequently used for international jurisdiction of foreign corporations. However, these clauses are not suitable for international jurisdiction because these are very discriminative against foreigners and normally use of these clauses has been forbidden in the international agreements and conventions such as Brussels I. In this year Japanese government published a tentative plan for regulation of specific international jurisdiction clauses. Japanese efforts for making specific international jurisdiction clauses are very impressive even if some clauses are very far from international standard, especially they want to maintain special circumstances theory. Korean legal society also has to make a great effort to make specific international jurisdiction clauses and the author wants this article to be used for making it sooner or later.

목차

Ⅰ. 들어가는 말

Ⅱ. 普通裁判籍과 事務所(營業所) 所在地 特別裁判籍

Ⅲ. 財産所在地 特別裁判籍

Ⅳ. 결론

참고문헌

키워드

국제재판관할 일반관할 특별관할 international jurisdiction general jurisdiction special jurisdiction