EU 민사분쟁의 간이구제절차에 관한 일고 - 유럽지급명령절차를 중심으로 -

Abstract

It is not easy to resolve private law disputes arising between the transacting parties residing in three different states(Korea, China, and Japan) under today's legal systems. This is because even if a party to a dispute files a suit in its domestic court and wins the trial, the judgment needs to be recognized and enforceable in other states where the other parties reside. However, there is no integrated legal system for such recognition and declaration of enforceability of foreign judgments between the three states today. Since the European Union (EU) has established the integrated civil execution system, useful implications could be found by examining the EU system in place today. The EU has endeavored to establish an EU-level integrated judicial system among member states in the process of its formation and development, and accordingly, it has established an integrated civil execution system in the judicial field. The EU has established the Brussels Regulations (Brussels Convention, Brussels I Regulation, Brussels I Regulation (recast)) and, in addition, enacted the European Enforcement Order Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation. The most striking feature of the EU's integrated civil execution proceedings is that they have been developed to continuously simplify and accelerate the recognition and enforcement of judgments rendered by foreign courts. The EU’s integrated civil execution procedures, particularly the European Order for Payment Procedure, are systems designed to simplify and expedite disputes in civil and commercial cases, which could provide implications in preparing for the similar integrated civil execution procedures between Korea, China, and Japan.