외국판결의 승인 및 집행에 대한 중국법원의 입장 변화와 관련 판례 평석 -일대일로 사법의견과 난닝성명을 중심으로-

Abstract

In theory, each judgement demonstrates the jurisdictional sovereignty of a country, taking effect only within the country’s territory. Yet, with international trade and dispute ever-increasing, there is a global trend where many countries start to acknowledge foreign judgements based on the reciprocity principle and international comity, even though their legal systems and ideologies are different from one another. Nevertheless, recognition and enforcement may not work in all foreign legal cases due to the principle of territorial privilege for jurisdiction. Every country has its own criteria for recognising and enforcing a foreign judgement. In the case of the People’s Republic of China, a state party concerned should be a member of the relevant international treaty or have a reciprocity relation with China. Until 2019, not a single Korea’s judgement was recognised and enforced in China. In addition, not only Korea’s judgements but also those of other foreign countries were rarely recognised. This is because China strictly builds its reciprocity relation with other countries. However, now there are new developments in China’s legal system. As part of the Belt and Road initiative, the Chinese government announced its willingness to improve the current legal services and after the declaration, it recognised the Singapore Court’s judgement for the first time, based on the reciprocity principle. Subsequently, it recognised the judgements of the United State and Korea, respectively one after another. The recognition and enforcement of Singapore’s judgement is seen as a historic event, which has been set as the 13th typical case in the judicial reports called “Guiding cases regarding the Belt and Road Initiative,” by the China’s Supreme People's Court. Like the Republic of Korea, Singapore signed with China the convention on mutual assistance in foreign civil and commercial affairs but has not stipulated rules for the recognition and enforcement of foreign judgements yet. It is noteworthy that Singapore is engaging in the Belt and Road Initiative and that the decision took place after the announcement of Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the “Belt and Road” by People's Courts, and the Nanning Statement of the 2nd China-ASEAN Justice Forum.