미국민사소송법상의 판결의 효력(Ⅰ) － 좁은 의미의 Res Judicata를 중심으로 －
Effect of the Judgment in the U.S. Civil Procedure (Ⅰ) － Focusing on Res Judicata in its narrow sense －
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In the U.S. Civil Procedure, as for effect of the judgment, there is a concept of Res Judicata. The Res Judicata consists of Res Judicata in its narrow sense and collateral estoppel. The former could be referred to as claim preclusion, and the latter as issue preclusion. Among these concepts of Res Judicata, this article analyzes Res judicata in its narrow sense, namely, claim preclusion. For that purpose, I first review the concept and the legal character of Res Judicata in its narrow sense (chapter Ⅱ). Then I examine three requirements of it including i) former judgment should be valid and final judgment on the merits (chapter Ⅲ), ii) parties to former judgment and the later judgment have to be identical (chapter Ⅳ), ⅲ) claims of both judgments must be identical (chapter Ⅴ). Continuously, I keep reviewing general contents of Res Judicata in its narrow sense by examining its effect (chapter Ⅵ) and exception in application of the concept (chapter Ⅶ). By analyzing contents of Res Judicata in its narrows sense, I intend to figure out similarities and differences between Korea and U.S. in Civil Procedure.
Abstract
In the U.S. Civil Procedure, as for effect of the judgment, there is a concept of Res Judicata. The Res Judicata consists of Res Judicata in its narrow sense and collateral estoppel. The former could be referred to as claim preclusion, and the latter as issue preclusion. Among these concepts of Res Judicata, this article analyzes Res judicata in its narrow sense, namely, claim preclusion. For that purpose, I first review the concept and the legal character of Res Judicata in its narrow sense (chapter Ⅱ). Then I examine three requirements of it including i) former judgment should be valid and final judgment on the merits (chapter Ⅲ), ii) parties to former judgment and the later judgment have to be identical (chapter Ⅳ), ⅲ) claims of both judgments must be identical (chapter Ⅴ). Continuously, I keep reviewing general contents of Res Judicata in its narrow sense by examining its effect (chapter Ⅵ) and exception in application of the concept (chapter Ⅶ). By analyzing contents of Res Judicata in its narrows sense, I intend to figure out similarities and differences between Korea and U.S. in Civil Procedure.
참고문헌 (17)
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- AMERICAN LAW INSTITUTE, "RESTATEMENT OF THE LAW(Second), JUDGMENTS 2d(§§ 1 to 42), 1982<본문의 주(註)에서는 Restate- ment(Second) of Judgments(1982)로 약칭 함>", ~ (1982)
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