건설소송에서 법원에 의한 감정절차의 통제 방안 - 감정관리센터의 도입 및 감정회의의 제도화를 중심으로

• 영문명: Judicial Control of Appraisal Procedure in Construction Litigation : Introduction of an Appraisal Management Center and the Institutionalization of Appraisal Meetings
• 발행기관: 한국민사소송법학회
• 저자명: 고준성
• 간행물 정보: 『민사소송』제29권 제3호, 135~184쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

In construction-related appraisals, the factual premises or appraisal issues are often highly complex or insufficiently defined. As a result, appraisers frequently take the lead in identifying and collecting facts and then submit their opinions to the court, which in many cases are accepted as findings of fact. This dynamic underscores the necessity of the court’s active involvement. However, in practice, due to the court’s lack of technical expertise and limited capacity to oversee such proceedings, appraisals have often been conducted with minimal judicial intervention. This has led to significant problems, including delays, doubts about the impartiality or neutrality of appraisers, insufficient consideration of party submissions, and ultimately a lack of acceptance of appraisal results. To address these problems, the Expert Appraisal Management Center system was introduced after extensive debate. Within this system, Appraisal Management Commissioners participate in individual cases, overseeing the entire appraisal process and providing explanations and opinions grounded in professional expertise. Their appointment by the court and supervision of appraisal proceedings embody the very notion of judicial control over appraisals. Through this mechanism, smoother proceedings can be expected, enhancing both the efficiency of appraisals in contributing to case resolution and the fairness, neutrality, and credibility of appraisal outcomes. For construction-related cases, this study proposes that the participation of Appraisal Management Commissioners should be made mandatory to ensure effective operation. Furthermore, considering both the decisive influence of appraisal results on judicial outcomes and the quasi-evidentiary nature of the appraisal process, this paper strongly supports the view that appraisal conferences should be mandatory. At least two such conferences—the commencement conference and the review conference for the draft appraisal report—should be held. These would help guarantee party participation, prevent defective appraisals and delays, and improve the reliability of outcomes. The presence of an Appraisal Management Commissioner in these conferences is necessary to facilitate substantive dialogue between appraisers and parties and to ensure the proceedings are conducted effectively. For the meaningful protection of party participation, it is also essential that appraisal conference reports reflecting party opinions be appended to the final appraisal report submitted to the court. In conclusion, by implementing these measures, the court will exercise substantive control over appraisal procedures, thereby reinforcing the essential role of expert appraisals as an aid to judicial decision-making and enabling parties to accept both the appraisal results and the judgments rendered on their basis.

목차

Ⅰ. 서론

Ⅱ. 민사소송법상 감정제도 – 건설감정의 특징을 중심으로

Ⅲ. 건설감정의 문제점 – 감정절차의 관리･감독의 측면에서

Ⅳ. 법원에 의한 실질적인 감정절차의 관리･감독 방안

Ⅴ. 결론

참고문헌

키워드

건설소송 건설감정 감정관리센터 감정관리위원 감정회의 construction litigation construction-related appraisals appraisal management center appraisal management commissioners appraisal meetings