한국법원에 있어서 구술심리 강화와 사건관리방식의 변화

• 발행기관: 한국민사소송법학회
• 저자명: 설범식
• 간행물 정보: 『민사소송』제14권 제2호, 432~474쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.11.30

영문 초록

Under the previous civil procedure(“the deconcentrated parallel procedure”) system, Korean courts had a long-lasting tendency of making final decisions based on documents submitted by plaintiffs and defendants after repeating a number of perfunctory hearings at three or four-week intervals with little or slow progress. That practice could not reflect the civil procedure principle(“the principle of oral hearings”) that court decisions should be based on oral arguments made in courtrooms by plaintiffs and defendants. To eliminate the inefficiency of the previous practice and to reinforce the principle of oral hearings, Supreme Court of Korea introduce the ‘new case management method’ which was also called ‘new model’ from Mar. 1, 2001 and the new method was reflected in the new Civil Procedure Act which was implemented from July 1, 2002. Under the new case management system, courts were supposed to use the ‘concentrated hearing method’ holding just one or two hearings in most cases instead of the ‘deconcentrated parallel procedure’ or ‘split hearing method’ in the previous practice. As a way of having concentrated hearings in one or two occasions, the Act presumed a procedure where the preparatory pleading process precedes oral hearings. During the preparatory pleading process, both parties enter an offense and defense on allegations and evidence in writing in advance of oral hearings. But to put the preparatory pleading process before oral hearings resulted in unintended understanding and practice in many cases that entering offense and defense in documents is important and oral hearings are just a formality. To turn this wrong understanding and practice over to the originally intended reinforcement of the principle or oral hearings, the Court made continuous efforts to explain the meaning of the changed process. At last the Civil Procedure Act was amended again in 2008, and Art. 258 of the Act provides that the court, in principle, shall designate the date for the first oral hearing immediately. With the amendment of the provision, it became clear that civil procedure should be focused on oral hearings whereby offense and defense of parties should be made directly in front of judges in open courts.

목차

Ⅰ. 서론

Ⅱ. 구술심리의 필요성 및 유용성

Ⅲ. 사건관리방식의 변경

Ⅳ. 구술심리 활성화를 위한 바람직한 사건관리

Ⅴ. 구체적 단계에서의 구술심리

Ⅵ. 마무리

참고문헌

키워드

구술심리 사건관리 신모델 분산병행심리 서면공방선행 집중심리 조기1회 변론기일 직접주의 공개주의 Oral hearings Case Management New Model Deconcentrated Parallel Procedure Precedence of Documentary Offense and Defense Concentrated Procedure Immediate Designation of the First Hearing Day Principle of Direct hearings Principle of Open Hearings