판결서 이유 기재 생략에 관한 소고

• 발행기관: 한국민사소송법학회
• 저자명: 박태신
• 간행물 정보: 『민사소송』제23권 제2호, 67~93쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

In the case of a civil case, the reason for the ruling is to provide basic data for the decision on whether or not to appeal the ruling to the parties, and to provide the basic data of the hearing to the superior court. It also has a meaning to guarantee the objectivity and fairness of the process of order formation for the judge who makes the judgment. Considering these points, the reason for the ruling can be regarded as an essential part of the ruling. The Civil Procedure Act stipulates in Article 208 that a reason must be given in a ruling and that the reasoning should be such as to give a judgment on the parties claims and other methods of attacking and defending so that the order can be justified. On the other hand, Article 420 stipulates that, except in certain cases, the appeal judgment may cite the reasons for the first judgment. In addition, Article 11-2, Paragraph 3 of the Trial of Small Claims Act stipulates that the reasons for the decision do not have to be recorded in the judgment document of small civil claims. And Article 5 (1) of the Act on Special Cases Concerning Procedure for Trial by the Supreme Court stipulates that when an appellant has failed to submit a written statement of grounds for appeal to the Supreme Court within 20 days from the date of receiving the notice of the litigation record, the reasons for the ruling may not be written in the judgment and that if the Supreme Court dismisses appeal without hearing within four months from the date of receipt of litigation record, no grounds may be stated in a judgment. Among the above exceptions, both the citation of the grounds for the first trial by The Court of Appeals and omission of reason in the case of dismissal of appeal due to non-submission of appeal reason section, can not be said to be a virtually omission of reason. However, provisions that make it possible to omit a reason in a small civil claims, or a provision that allow to omit reasons in a Supreme Court case ending without hearing, must be revised.

목차

Ⅰ. 서론

Ⅱ. 판결 이유 제시의 의미 및 방법

Ⅲ. 판결서 이유 기재 생략의 배경 및 문제점

Ⅳ. 판결서 이유 기재 생략에 관한 특례

Ⅴ. 판결서 이유 기재 생략에 관한 외국의 입법례 등

Ⅵ. 이유 기재 생략의 타당성에 관한 검토

Ⅶ. 결어

키워드

민사소송 판결이유생략 재판청구권 소액사건심판법 상고심절차에 관한 특례법 Civil Procedure omission of reason for judgment right of claim for trial Trial of Small Claims Act Act on Special Cases Concerning Procedure for Trial by the Supreme Court