민사소송에서의 신속한 재판을 받을 권리의 보장
Right to trial within a reasonable time in civil procedure
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The judicial system of Korea has achieved its efficiency, as demonstrated by the recently published policy note of Organization for Economic Co-operation and Development(OECD): Korea is ranked as the 7th fastest country among 34 OECD countries. The efficiency of the judicial system of Korea is followed by its endless efforts to improve its efficiency, which is also supported by the OECD analysis toward the efficiency of the proceedings. Nevertheless, an individual prospective of violating the right to speedy trial does not receive enough concerns what it should deserve: Despite Article 27 Section 3 of the Constitution of Korea stipulates the right to speedy trial in civil procedure as well as criminal procedure, unlike the International covenant on civil and political rights or the Constitution of the United States, and any possibility of delays in trials may happen even under an efficient system, a case declaring the violation of the right to a speedy trial in civil procedure is not found in Korea. Even a standard or consideration for the right to speedy trial in civil procedure is hardly discussed. For the full protection of the right to speedy trial from the perspective of systematic efficiency of the judicial system as well as the perspective of an individual case, the standard or considerations on the constitutionality of the right to speedy trial should be profoundly discussed, reflecting the judicial system of Korea.
Abstract
The judicial system of Korea has achieved its efficiency, as demonstrated by the recently published policy note of Organization for Economic Co-operation and Development(OECD): Korea is ranked as the 7th fastest country among 34 OECD countries. The efficiency of the judicial system of Korea is followed by its endless efforts to improve its efficiency, which is also supported by the OECD analysis toward the efficiency of the proceedings. Nevertheless, an individual prospective of violating the right to speedy trial does not receive enough concerns what it should deserve: Despite Article 27 Section 3 of the Constitution of Korea stipulates the right to speedy trial in civil procedure as well as criminal procedure, unlike the International covenant on civil and political rights or the Constitution of the United States, and any possibility of delays in trials may happen even under an efficient system, a case declaring the violation of the right to a speedy trial in civil procedure is not found in Korea. Even a standard or consideration for the right to speedy trial in civil procedure is hardly discussed. For the full protection of the right to speedy trial from the perspective of systematic efficiency of the judicial system as well as the perspective of an individual case, the standard or considerations on the constitutionality of the right to speedy trial should be profoundly discussed, reflecting the judicial system of Korea.
참고문헌 (23)
- 정영환, "신민사소송법" (2009), 세창출판사
- 이시윤, "신민사소송법, 제7판" (2013), 박영사
- 성낙인, "헌법학, 제13판" (2013), 법문사
- 이준일, "헌법학강의, 제5판" (2013), 홍문사
- 장영수, "헌법학, 제6판" (2011), 홍문사
- 정종섭, "헌법학원론, 제8판" (2013), 박영사
- 한수웅, "헌법학, 제3판" (2013), 법문사
- 김두얼, "대한민국 법원은 공정한가?: 민사소송 항소율의 분석", 경제학연구, 59(2), pp.101~142 (2011), 한국경제학회
- 정영철, "재판청구권과 효율적 권리보호의 문제", 공법연구, 40(4), pp.95~114 (2012), 한국공법학회[DOI]
- 한상희, "신속한 재판을 받을 권리* - 유럽인권재판소의 결정례를 중심으로", 공법학연구, 10(3), pp.3~33 (2009), 한국비교공법학회
- "Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa"[URL]
- "the Length of Civil and Criminal Proceedings in the Case-Law of the European Court of Human Rights, Human Rights Files, No. 16(2nd Ed.)" (2007)[URL]
- "Committee of Experts on Effective Remedies for Excessive Length of Proceedings"[URL]
- "The Improvement of Domestic Remedies with Particular Emphasis on cases of Unreasonable Length of Proceedings"[URL]
- "The Right to a Fair Trial: A Guide to the Implementation of Article 6 of the European Convention on Human Rights"[URL]
- "Access to Justice as a Guarantee of Economic, Social, and Cultural Rights: A Review of the Standards Adopted by the Inter-American System of Human Rights" (2007)[URL]
- "The Right to a Fair Trial: Effective Remedy for Excessively Lengthy Proceedings(Articoe 6 and 13 ECHR)" (2013)[URL]
- "Judicial Performance and Its Determinants: A Cross-Country Perspective" (2013)[URL]
- "What Makes Civil Justice Effective?"[URL]
- "Best Practices on the Prevention of the Unreasonable Length of Proceedings: Experiences of the European Commission for the Efficiency of Justice" (2008)[URL]
- "The Estonain Judicial System in Search of an Effective Remedy agaisnt Unreasonable Length of Proceedings"[URL]
- "The European Commission For the Efficiency of Justice, Reforming Eurpean Justice Systems - "Mission Impossible?""[URL]
- Serban S. Vacarelu, "CHAPTER 15 ROMANIA: PROCEDURAL REFORMS: PLUS ÇA CHANGE, PLUS C'EST LA MEME CHOSE", IUS Gentium, 31, pp.299~ (2014)