일본 민사소송법에 있어서 소액심판절차의 특칙 등에 관한 연구- 우리나라의 소액사건심판법 개정을 위한 시사점을 고려하면서 -

Abstract

In South Korea, the trial of small claims law and regulations of the law has been enacted and implemented, local district courts support small claims case in a simple procedure, handling around 70% of the accepted case of entire court. Nevertheless it is reality that it was neglected to change in the surroundings. Meanwhile, in Japan, It was enacted late more than Korea. A small case trial procedure under the Civil Procedure Code was stipulated and the court installed to the summary court to operate it. In this case, we limit the search to monetary payment requests, the proceedings can be investigated immediately, finish the hearing on the first day of the session, and in principle make a judgment such as to simplify and speed up the psychology in view of the content of the trial, it is also possible to suspend payment by judgment, to make elasticity, prohibit appeal on the method of appeal, and make corrections in the same court level through opposition. In this way, Japan's small claims court proceedings are easier to compare with ordinary procedures, and at the same time consist of resilient procedures, creating procedures for respecting users and the intent of the court. Therefore, I specifically looked at the contents of this procedure and studied measures to prepare for reasonable procedures that can achieve the objectives of Article 1 of the Small claims trial Act. What you see in Japan is that you can use procedures to show flexibility and more than strictness in a small referee case. Therefore, the author is able to respond to the purpose of Article 1 of the Trial of Small Claims Act from a citizen's standpoint in practice, while using comparisons etc. in accordance with the trial of small claims proceedings etc. In order to search the procedures that can be studied and find the revision points of the trial of small claims act with a more easier to use and to understand procedure while recognizing the fact that many citizens are utilizing this system like the display of statistics I studied in a paper.