추가판결절차에 관한 검토

• 영문명: A Review on the Procedure for an Additional Judgment
• 발행기관: 한국민사소송법학회
• 저자명: 정찬우
• 간행물 정보: 『민사소송』제29권 제3호, 185~242쪽, 전체 58쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

Article 212, Paragraph 1 of the Korean Civil Procedure Act only stipulates that “if there is an omission in the opening, the trial shall continue”, but does not stipulate the trial procedure. According to the general view, if there is an omission in the judgment in the existing judgment, the court shall pronounce an additional judgment ex officio, and if a party files for an additional judgment, the court shall open a hearing date and continue the trial if there is an omission in the judgment, and if there is no omission in the judgment, the court shall pronounce a judgment declaring the end of the trial. However, there are several questions about this general view. As a result of the review, the conclusion of this article is as follows. - The right of the party to apply for an additional judgment should be recognized. - However, it is not necessary to open a hearing date unconditionally for a motion for an additional judgment. This is especially true when it is clear from the records and documents of a lawsuit that there was no omission in the judgment. - If a party files for an additional judgment claiming an omission of the court order, and upon review, it is determined that there is no actual omission of the court order, it may be possible to simply dismiss the application for an additional judgment with a sort of summary judgment, but it is not desirable to make a decision to dismiss in this way, and the court should always pronounce a judgment on the application for an additional judgment. - Therefore, if it is clear from the records and documents of a lawsuit that there is no omission of the trial, it is not necessary to designate a separate hearing date, and the court has the authority to designate only a sentencing date and just pronounce a declaration of the end of the trial, stating that there is no omission of the court order.

목차

Ⅰ. 서론

Ⅱ. 추가판결신청 또는 추가판결을 위한 기일지정신청의 의미에 대하여

Ⅲ. 추가판결신청에 대하여 변론기일을 반드시 지정해야 하는가?

Ⅳ. 추가판결 신청을 각하하는 결정만 해도 되는지 여부

Ⅴ. 결론

참고문헌

키워드

재판의 누락 판결의 탈루 추가판결 추가판결신청권 기일지정신청 소송종료선언 판결의 경정 omission in the judgment omission in the judgment additional judgment right for an additional judgment motion for a hearing date judgment declaring the end of the trial correction of judgment