국제적 소송경합에 있어서 소송의 동일성과 소송상 취급

Abstract

The purpose of this study is to determine by what standard the issue of identity of lawsuit in international lis pendens and discuss how to deal with lawsuit in which identity is recognized. The research method is to examine the contents of international norms, theories, and revised Private International Law. The contents of this study is to examine the meaning of international lis pendens, matter of a lawsuit, lis pendens, and suspension of lawsuit procedures. The research results are as follows. Although Private International Law has been recently revised and many of the issues that have arisen in international lis pendens have been legislatively resolved, the standard for judging the identity of a lawsuit is still left up to theories and precedents. In this paper, it is suggested that the discussion on the sameness of lawsuit should be judged according to independent standards, rather than being resolved with the concept of matter of a lawsuit. In conclusion, although international lis pendens has characteristics in common with lis pendens under domestic law, it has different aspects, so an independent value judgment is required.