미국의 약식판결제도에 관한 연구

• 발행기관: 한국민사소송법학회
• 저자명: 현낙희
• 간행물 정보: 『민사소송』제27권 제1호, 235~285쪽, 전체 51쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.02.28

영문 초록

The right to speedy trial in civil litigation is a fundamental right stipulated in the Article 27 Section 3 of the Constitution of Korea. In this respect, the Article 199 of the Korean Civil Procedure Code prescribes that in each instance, judgment shall be rendered within 5 month from its commencement. Yet, Article 199 has long been regard as a directory provision, and especially during the recent years delay in civil cases has become a serious problem. Since 2017, the median time from filing to disposition has increased every year, and what is worse is that the number of prolonged cases pending over 2 years has grown sharply. On the other hand, judges suffer from overwork, and judicial resource is limited. The only way to overcome this difficult situation is by changing the civil litigation system. In order to find a solution to the current problem, this article examines the summary judgment system in the United States. It has several implications for the Korean civil litigation system in terms of more speedy and efficient trial. Summary judgment not only works as a device to avoid frivolous and unnecessary litigation but also functions as a great case management tool which assists the judge in performing her modern role in the administration of justice. It also facilitates settlement even when the motion for summary judgment is denied. This article argues that a similar procedure which enables a speedy and efficient adjudication without a full trial should be adopted in the Korean Civil Procedure Code.

목차

Ⅰ. 들어가며

Ⅱ. 미국 민사소송에서의 약식판결제도

Ⅲ. 우리나라 민사소송에의 시사점 및 도입 가능한 제도

Ⅳ. 마치며

참고문헌

키워드

약식판결 연방민사소송규칙 §56 사건관리 신속하고 효율적인 민사소송절차 신속절차 무변론판결 Summary Judgment Federal Rules of Civil Procedure §56 Judicial Case Management Speedy and Efficient Civil Procedure Fast track Adjudication without Trial