민사소송제도 개선에 관한 법원의 몇 가지 현안

• 영문명: Recent Issues regarding the Improvement of the Civil Procedure System in the Courts
• 발행기관: 한국민사소송법학회
• 저자명: 박광선(Kwang Seon Park)
• 간행물 정보: 『민사소송』제29권 제1호, 321~367쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.02.28

국문 초록

The Korean civil procedure system has been constantly evolving due to changes in people's perspectives and an increase in certain types of legal disputes. Systematic changes have occurred sometimes in the form of revisions to codified laws, and other times as changes in court policies. The Judiciary, as the supervisor of civil procedures, plays a key role in driving these systematic changes. Recently, some of the important issues that have drawn the Judiciary's attention include: (i) improving the system for obtaining expert testimony; (ii) making the submission of statements of reasons for appeals mandatory; (iii) addressing the abuse of legal processes; and (iv) enhancing the protection of parties' personal information. First, the Korean Judiciary is working to expedite the process of acquiring medical expert testimony and to enhance the credibility of expert testimony in assessing the authenticity of documents. To achieve this, National Court Administration of Korea has initiated efforts to expand the pool of medical experts, increase the fees for obtaining medical expert testimony, and administer an annual test for applicants seeking to become experts in assessing the authenticity of documents. Second, the submission of statements of reasons for appeals in civil procedures will become mandatory starting March 1, 2025, following a recent revision of the Civil Procedure Act (CPA). The new rule is expected to enhance the speed and efficiency of trial processes in appellate courts, and the Judiciary is working to facilitate the change through various policy changes. Third, legal tools enabling measures against the abuse of legal processes have been implemented since October 19, 2023, as stipulated in the CPA and the Act on the Stamps Attached for Civil Litigation. Courts have effectively utilized these legal tools since their implementation, and especially the statutes allowing courts to withhold acceptance of statements of claims have played a key role in saving court budgets and resources. Courts are making efforts to enhance the effectiveness of the legal tools. Fourth, it will become possible for courts to provide greater protection of parties' personal information submitted to the court starting July 1, 2025, through the implementation of the recently revised CPA. However, despite the revision, there are still various cases that cannot be fully covered by the CPA's protections. To provide full protection to the parties involved in such cases, not only further revisions to the CPA but also improvements in judicial practices should be considered in the near future.

목차

Ⅰ. 들어가며

Ⅱ. 감정제도 개선

Ⅲ. 민사 항소이유서 제출제도 도입

Ⅳ. 소권남용에 대한 대응 방안 신설 및 활용

Ⅴ. 민사소송에서의 개인정보 보호조치 신설

Ⅵ. 나가며

키워드

민사소송법 감정 항소이유서 소권남용 개인정보 보호 Civil Procedure Act (CPA) Witness testimony Statement of reasons for appeals Abuse of legal processes Personal information protection