家事裁判의 旣判力

Abstract

Family Litigation Act has one provision about res judicata. That is Family Litigation Act Article 21 which states “(1) Final and conclusive judgment which has admitted a claim of the case of family litigation of Category A or B, shall have the effect on a third person. (2) When a judgment rejecting the claim under paragraph (1) has been made final and conclusive, other persons entitled to institute a litigation may not file a litigation again, unless there exists any justifiable reason for having not been able to participate before closing the pleadings in the fact-finding proceedings.” Family Litigation Act Article 12 states “Except as otherwise prescribed in this Act, the procedures for the family litigation shall be governed by the provisions of the Civil Procedure Act.” Family Litigation Act Article 21 is the exceptional provision concerning subjective scope of res judicata of judgments of family litigation. So, except subjective scope of res judicata, res judicata of judgments of family litigation is the same as that of the judgments of civil litigation. In this article this writer gives a overview of res judicata of judgments of civil litigation. Next to that, this writer goes into interpretation of Family Litigation Act Article 21, objective scope of res judicata of judgments of family litigation, temporal scope of res judicata of judgments of family litigation, res judicata of decision of family non-litigation, res judicata of family conciliation, res judicata of foreign judgments of family litigation and so on. Lastly some cases of Seoul Family Court which had res judicata issues are introduced.