소송상 화해의 한일비교

• 발행기관: 한국민사소송법학회
• 저자명: 김상수
• 간행물 정보: 『민사소송』제15권 제1호, 452~480쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.05.30

영문 초록

According to recognizing it generally concerning the legal consciousness, it is said that Korean will not resolve a dispute by settlement compared with Japanese. In the reason why such a difference is caused, what are something and the method of losing it? It is a purpose of this study to consider this problem. Korea with a similar civil justice system to Japan shows the great disparity at the use level of settlement. Legal consciousness that doesn t try to compromise is thought as the cause because there is no big difference in the system. However, the cause cannot explain the use level of settlement is low enough. Even if such legal consciousness becomes an answer, it is necessary to devise the method of mending it. Increasing the chance of the negotiation of the party becomes a promotion of settlement. The use level will rise if justice and attorney positively solicits settlement at the chance of such a negotiation. However, such a chance has not been installed enough in civil procedure. Therefore a necessary thing is that justice and attorney positively solicits settlement making the place of the negotiation.

목차

Ⅰ. 서

Ⅱ. 사건처리 내용의 개요

Ⅲ. 화해건수의 구체적 비교

Ⅳ. 화해율에 대한 평가

Ⅴ. 결 어

참고문헌

키워드

소송 화해 재판외분쟁해결 소액사건 법의식 Civil Action Settlement ADR Small Claims Legal Consciousness