민사소송법의 전문심리위원제도에 관한 연구

• 발행기관: 한국민사소송법학회
• 저자명: 임채웅
• 간행물 정보: 『민사소송』제11권 제2호, 176~202쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

“The Expert Comissioner” is newly introduced into Korean Civil Procedure Law in June 20th, 2007. The new law(the revised Korean Civil Procedure Law) has been in effect since August 14th, 2007. Korean Supreme Court has made some relative enforcement decrees and selected 964 expert comissioners nationwide. The expert comissioner is a professional person who can support the court to explain or make opinions on the cases related with special fields like intellectual property, construction, medical affair, environment, etc., which require technical knowledge to understand. The Japanese expert comissioner could be a good ex-ample to Korean one. This essay explains what the expert comissiner is and briefly touches the issues of its application, duty and comparison to the relative systems. This essay doesnʼt say about the new systemʼs merits because anyone could easily guess them. It touches only the systemʼs demerits. Those are the probability of the expert comissionerʼs overpower, whether the expert comissioner could be examined or cross-examined directly by parties, the overuse of the right to chal-lenge and the gaps between regions. I try to evaluate the demerits and to sug-gest the solutions. Finally, I make some remarks on the system itself and the process of revising the law this time. The part of Japanese Civil Procedure Law on the expert comis-sioner is added.

목차

Ⅰ. 들어가는 말

Ⅱ. 제도의 개요

Ⅲ. 문제점

Ⅳ. 맺는 말

[참고문헌]

[참고자료]

키워드

전문심리위원 전문위원 전문소송 참고인 감정인 사실조회 기술심리관 expert comissioner specialized committeeman lawsuit related with special field reference witness appraiser verification of facts technical examiner