일본에서의 가정법원의 역할과 기능
Roles and Functions of Family Court in Japan
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The family trial system of Japan may mark a new turning point because of the enactment of personnel suit law. However in practice, given that legal cases considered ones involving families are still under the jurisdiction of local courts, it is estimated that the unification of treatment of family cases in family courts has not been completed. In Japan, simultaneously with the activation of family courts, the Family Bureau was established under the General Secretariat of Supreme Court of Japan, assuming administrative matters related to family courts. As for family coordinator system, which was established as a part of the reform of the judicial system including the diversification and pluralization of judge provision, it is expected that the social experience, various knowledge, and expertise as lawyers may be sufficient to contribute to detailed and flexible adjustment and operation responding to the requirement of the party concerned. Also, the introduction of scientific fact-finding investigation of family court investigators based on the use of expertise is estimated to have notable significance in the development of Japan’s family trial system. In Japan, that executability had not been authorized in preservative disposition before judgment aroused severe criticism that the system lacked in viability rather than the temporary measure before adjustment. The system was authorized of executability in its improvement in 1980(Below Para. 3 of Art. 15 of the Domestic Causes Inquiries Act). Meanwhile, in cases in which care-care expense should be paid on a regular basis as a disposition on rearing of children added to a decree of divorce, credit execution can be commenced even for the concerned annuity obligation whose final term was not upcoming, when there is a nonfulfillment in its part(Para 2 of Art 151 of the Civil Proceedings Act). The above-mentioned administration of family trials in Japan’s family courts may serve as a good reference in the improvement of Korea’s family courts in the future.
Abstract
The family trial system of Japan may mark a new turning point because of the enactment of personnel suit law. However in practice, given that legal cases considered ones involving families are still under the jurisdiction of local courts, it is estimated that the unification of treatment of family cases in family courts has not been completed. In Japan, simultaneously with the activation of family courts, the Family Bureau was established under the General Secretariat of Supreme Court of Japan, assuming administrative matters related to family courts. As for family coordinator system, which was established as a part of the reform of the judicial system including the diversification and pluralization of judge provision, it is expected that the social experience, various knowledge, and expertise as lawyers may be sufficient to contribute to detailed and flexible adjustment and operation responding to the requirement of the party concerned. Also, the introduction of scientific fact-finding investigation of family court investigators based on the use of expertise is estimated to have notable significance in the development of Japan’s family trial system. In Japan, that executability had not been authorized in preservative disposition before judgment aroused severe criticism that the system lacked in viability rather than the temporary measure before adjustment. The system was authorized of executability in its improvement in 1980(Below Para. 3 of Art. 15 of the Domestic Causes Inquiries Act). Meanwhile, in cases in which care-care expense should be paid on a regular basis as a disposition on rearing of children added to a decree of divorce, credit execution can be commenced even for the concerned annuity obligation whose final term was not upcoming, when there is a nonfulfillment in its part(Para 2 of Art 151 of the Civil Proceedings Act). The above-mentioned administration of family trials in Japan’s family courts may serve as a good reference in the improvement of Korea’s family courts in the future.
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