우리 民事訴訟法의 沿革에 관하여

Abstract

The main purpose of this article is to recognize precisely the past and current status of Korean civil procedure by reviewing the history of it. It is because by doing so the future direction of Korean civil procedure can be estimated precisely. This article divides the history of Korean civil procedure into two parts, before the modern era and after the modern era. The explanation of the former is performed simply abstracting whole period into one part due to the lack of research of the history of legislation. The explanation of the latter is performed dividing it into five periods, i) the period from the Gabo Reform of 1894 to Japan-Korea Annexation (1894-1910), ii) the period from the Japan-Korea Annexation to the Korea's restoration of independence (1910-1945), iii) the period from the Korea's restoration of inde- pendence to the enactment of the former Korean Civil Procedure Act (1945-1960), iv) the period of the former Korean Civil Procedure Act (1960-2002), and v) the period of the new Korean Civil Procedure Act (2002-present). This article reviews the process and contents of the amendment of the Korean civil procedure, especially focusing on the period after the enactment of the first Korean Civil Procedure Act of 1960. In the period of the former Korean Civil Procedure Act the base of Korea's own civil procedure had been prepared, and in the period of the new Korean Civil Procedure Act was the developing era when the frame of Korea's own civil procedure had been equipped. Specifically, the Article 1 of the new Korean Civil Procedure declaring the ideal of the civil procedure and the principle of good faith and arranging the basic frame of the Korean civil procedure, and the efforts to selectively adopt foreign civil procedure such as the U.S. civil procedure, the German civil procedure, and the Japanese civil procedure suitable to Korean circumstance have significant meaning.