소송법상 특별대리인

• 영문명: Special Representatives in Litigation
• 발행기관: 한국민사소송법학회
• 저자명: 전병서(Byungseo Chon)
• 간행물 정보: 『민사소송』제29권 제1호, 15~50쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.02.28

국문 초록

Korea is entering a super-aged society where one in five people is over 65 years old, and the population structure is changing due to the declining birthrate and nuclear familyization. Looking at the population pyramid in 2025, we can see that it is not a pyramid, but a cylinder centered around people in their 60s. As the rapid aging progresses, the number of dementia patients is also increasing very rapidly. And among the registered disabled, the number of developmentally disabled people (intellectual disability and autism spectrum disorder) is increasing. In relation to the above social changes, we looked closely at the special representative under the Civil Procedure Act in relation to the revision of the Civil Procedure Act on February 3, 2016, which took into consideration the right to participate in civil procedures for people with impaired decision-making ability, elderly disabled people who do not or cannot use the guardianship system due to various reasons such as social prejudice and economic reasons. That is, we reviewed Article 62 of the Civil Procedure Act, which relates to legal representatives appointed by the court in particular for individual proceedings or proceedings incidental thereto, and Article 62-2 of the Civil Procedure Act, which establishes a special representative system for incapacitated persons.

목차

Ⅰ. 시작하며

Ⅱ. 연혁적·비교법적 검토

Ⅲ. 제한능력자를 위한 특별대리인

Ⅳ. 의사무능력자를 위한 특별대리인

Ⅴ. 마치며

키워드

소송능력 제한능력자 의사무능력자 피성년후견인 특별대리인 법정대리인 Prozessfähigkeit Persons with Limited Capacity Persons Devoid of Mental Capacity Persons under adult guardianship Prozesspfleger(besonderen Vertreter) Special Representatives gesetzlicher Vertreter