민사집행에 있어서 집행관의 기피, 회피제도 연구

Abstract

The purpose of this study is to review the challenge and avoidance system for enforcement officers as a means of securing fairness for enforcement officers who must ensure fairness in civil execution. To this end, related research data and judicial statistics data were used, focusing on the Enforcement Officers Act and the Civil Execution Act, and the enforcement officer system was examined in terms of legal history with some Japan. In addition to the exclusion system, the necessity of a challenge and avoidance system was reviewed to ensure fairness of enforcement officers, and ultimately confirmed that fairness is important in civil execution procedures. Under the current Enforcement Officers Act, the fairness of the enforcement officer should not be guaranteed only with reasons for exclusion. Just as judges, junior administrative officer, and Investigation Officers stipulate exclusion, challenge, and avoidance systems, in addition to the exclusion system, are required as a means to ensure a high level of fairness for enforcement officers facing the enforcement parties on the spot.