법원의 석명권 행사 범위에 관한 고찰

• 발행기관: 한국민사소송법학회
• 저자명: 권혁재
• 간행물 정보: 『민사소송』제11권 제2호, 48~95쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

The Korean Civil Procedure Law(K.C.P.L.) adopts the methods of concentrated oral debate trial system for pursuing utility of civil procedure system and recover-ing authority of court. For accomplishing those purposes the court must know the nature of the partiesʼ allegation and each parties communicate adequately their contentions at earlier time of the procedure. Trial Judgeʼs clarification rights on subjective aspects is based on K.C.P,L. §136, and it is the foundation of trial judgeʼs power of presiding litigation on the trial or procedure as a whole. Traditionally trial judgeʼs power of presiding litigation on procedural and sub-jective aspects was restrictive because of the doctrine(governing principle) that each parties initiate to develop and present the issues ＆ evidence in a case. But, on my opinion, for pursuing effective developing ＆ presentation, the court must intervene each partiesʼ pleading or oral proceedings impartially. Recently the precedents of the Korean Supreme Court adopts the opinion that the courts must exercise their power on clarifying the issues of disputes actively. Even though such precedents are not established, those indicate the ideal goal of civil procedure system. By those power of courts we can put an end to disputes by one time litigation which full and fair chance is given to each parties, and ac-complish to curtail the resources of judicially system and speedy civil procedure.

목차

Ⅰ. 들어가는 말

Ⅱ. 석명권의 민사소송법상 위치

Ⅲ. 석명권(석명의무)의 범위에 관한 고찰

Ⅳ. 관련 문제의 고찰

Ⅴ. 맺는말

참고문헌

키워드

법관의 소송지휘권 법적관점 지적의무 변론 준비절차 석명권 석명의무 Trial Judgeʼ s Power of Presiding Litigation Trial judgeʼ s Duty of Legal View-point Indication Issue Arrangement Procedure Trial Judgeʼ s Clarification Rights Trial Judgeʼ s Clarification Duty