민사소송절차와 파산절차의 관계에 관한 연구

Abstract

A civil lawsuit, while pending before the court, may sometimes be put in a situation when it can no longer proceed legally or factually on account of some circumstances on the part of either the court or the parties. Situation when a litigation procedure can no longer proceed out of a legal reason are called 'stay of proceeding', and are defined specifically by related law. Apart from these, situations when a civil procedure is delayed due to some incidents of the court or the parties not enumerated by law are called 'de facto stay', and should be the distinguished from 'stay of proceedings'. Stay of proceedings cam be divided into two groups: interruption and suspension. The Civil Procedure Act of Korea defines various types of 'interruption' from Section 233 through Section 244, and types of 'suspension' in Section 245 and 246, respectively. The system of interruption and suspension of proceedings, and the method of their clearing-up, especially the design of a 'take over', all of which are codified in the Civil Procedure Act, have close connection with accomplishing the ideals of civil procedure-appropriate, fair, swift and economical progress of civil procedure.