한국 가사소송법의 법체계적 지위

• 발행기관: 한국민사소송법학회
• 저자명: 김연
• 간행물 정보: 『민사소송』제14권 제2호, 277~310쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.11.30

영문 초록

The Korean Code of Domestic Litigation, which has taken effect in the year of 1991, is different from the similar codes of other countries in Asia. It is the unique code which has almost of all provisions of domestic litigations and non-litigation cases in Korea. In other words, all of the cases of the Family Court are regulated by the Code and anyone cannot file domestic cases with the district court. Some one says that it could be a model to other countries. But after the history of 20 years of the Code, there are several discussions pointing the legal status of the Code: i.e. relation between the Code and the Civil Code of Korea; relation between the Code an the Civil Procedures Code of Korea. In Korea, more than one hundred thousands of domestic cases are filed one year, and about a half of them are litigation cases. It means, in spite of “the tendency of non-litigationalization of litigation cases,” there are a lot of litigation cases more than non-litigation cases. And there are some people arguing about the standards of distinguishing two kinds of cases and some problems from the procedural point of view.

목차

Ⅰ. 들어가며

Ⅱ. 가사소송과 가사소송법

Ⅲ. 가사소송법의 법체계상의 지위

Ⅳ. 가사소송의 현황

Ⅴ. 가사소송법의 문제점과 개선방안

Ⅵ. 결언

참고문헌

키워드

가사소송법 가사소송 가사비송 가사조정 가정법원 Korean Code of Domestic Litigation domestic litigation, family litigation family non-litigation family mediation family court