1908년 〈민사소송법안〉의 성립과 그 성격

• 발행기관: 한국민사소송법학회
• 저자명: 임상혁
• 간행물 정보: 『민사소송』제14권 제1호, 375~393쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.05.30

영문 초록

Japanese civil proceedural laws had been adopted in Korean legal system before the implementation of the current counterparts. Until 1912, the “Civil and Criminal Procedure Act”(民刑訴訟規則) established in the 13th of July in 1908 were applied, and they were acknowledged as the establishments of modern civil proceeding system. In the same year of their announcements, the “Bills of Civil Procedure Code”(民事訴訟法案) were made by the famous Japanese scholar Dr. Kenjiro Ume(梅謙次郞), which was not implemented. The Bills of Civil Procedure Code should be investigated to establish the history of Korean civil proceeding laws. Furthermore the study on this bills can be a stepping stone to the new understanding of Japan’s role on Korean legal system. Past studies shows that the bills are composed of two thing. The original one was made and then some items of it were deleted later. Furthermore the Civil and Criminal Procedure Act was also written by Dr. Ume. This essay shows, however, that it was not the authorship of Ume as opposed to the general opinion and the appearance of the Act and the Bills might reveal the different opinions around the codification in early 20C Korea, and that the Bill written later was the improvement of the earlier version.

목차

Ⅰ. 들어가며

Ⅱ. 〈민사소송법안〉 자료의 재검토

Ⅲ. 〈민사소송법안〉의 성립

Ⅳ. 〈민사소송법안〉의 내용 비교

Ⅴ. 맺으며

참고문헌

키워드

1908년 민사소송법안 민형소송규칙 우메 켄지로오(梅謙次郞) 쿠라토미 유우자부로오[倉富勇三郞] 이토오 히로부미 법전제정론 일본법강제론 법전조사국 민사소송법사 the “Bills of Civil Procedure Code”(民事訴訟法案) the “Civil and Criminal Procedure Act”(民刑訴訟規則) Dr. Kenjiro Ume Yuzaburo Kuratomi the Cond Investigation Agency(法典調査局)