유럽연합회원국간의 증거공조에 관한 연구

Abstract

If a party is in a foreign country in a civil action with an international nature, the applicant must file the suit with the foreign country, such as a written notice or a due date. If the witness is living in a foreign country and does not voluntarily respond to the request for attendance. Cooperation among countries to carry out such evidence investigations in foreign countries is referred to as International Civil Judicial Assistance. In order to resolve the issue of evidence investigation in disputes involving foreign elements, it is possible to solve the problem through the bilateral treaties and the multilateral treaties. These are examples of the Hague Convention and the European Union Evidence Rule. In the case of the Hague Convention on Evidential Conventions, a bilateral treaty is concluded between countries with different interests because of the nature of multilateral agreements. This need also arises between the Member States that make up the European Union, rather than by concluding individual treaties between Member States, rather than by establishing European Union witness rules during the European Union Community legislative process. The rules of the European Union Evidence have overcome the disagreement of the existing Hague Evidence Conventions in disputes with foreign elements within the European Union and the inconsistency of the European Union Member State due to the non-eu Member States, And it is necessary to refer to it in the situation that the necessity of the judicial cooperation with the enlargement of the trade in Far East Asian countries such as Korea, China, and Japan is increasing.