私人의 提訴與否決定 모델과 民事事件 增加의 原因에 대한 法經濟學的 分析

• 발행기관: 한국민사소송법학회
• 저자명: 李圭鎬
• 간행물 정보: 『민사소송』제8권 제2호, 11~40쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.11.30

영문 초록

Judge Lois G. Forer alleges that America is the most litigation-prone society in terms of absolute amounts of litigation and per capita litigation rates. Moreover, Chief Justice Warren E. Burger obseived that the “epidemic of hair-trigger suing” in America was entwined with the destuction of communal unity such as church, family, or neighborhood. He daimed that the decline of these vigorous community institutions raised the anxiety of Americans and thus made them resort to litigation.When compared with court filing numbers in California, Illinois, New York, and Texas in terms of civil cases, the litigation rate in Korea is higher than California, Illinois, and Texas, but lower than new York. Hence, it is not too mch to say that Koreans are as much litigious as Americans. Litigiousness in Korea can not be explained by Confucian tradition because it creates a compromise-oriented society. Also, in foreigners eyes, the Confucianism hinders their understanding about Korea s civil litigation. Rather, the drastic increases in civil cases in Korea can be easily anayzed from the viewpoint of law and economics. From the perspective of law and economics, this article deals with a prospective litigant s decision-making as to whether to bring a suit or settle under American Rule. English Rule, and Modified English Rule. Next, it analyzes several statistical data about civil cases in Korea. Afterwards, it concludes that Koreans litigiousness are pertinent to internal factors such as litigation costs, and extemal ones including economic depression and the destruction of communal unity as well.

목차

Ⅰ. 서 론

Ⅱ. 민사소송을 대하는 태도에 관한 분석

Ⅲ. 당사자의 제소여부 결정에 관한 법경제학적 분석

Ⅳ. 연도별 통계자료를 통한 우리나라의 민사소송증가현상에 대한 법경제학적 분석

Ⅴ. 결론

참고문헌

키워드

민사사건 소송비용 거래비용 법경제학 사건접수 civil case Iitigation cost transaction cost law and economics court filing