유럽연합회원국간 송달공조에 관한 연구 - 유럽연합송달규칙을 중심으로 -

Abstract

EU service of documents(regulation No 1393/2007) is shown that "The proper functioning of the internal market entails the need to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States." European Union member states is the member states of Hague delivery convention(Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters). When European Union member states participate in Hague convention, European Union member states reserve declaration on specific matters, for example, way of service. This can be inconvenient to enter into a bilateral treaty between Member States in the interests. For this reason, the EU is using the Community method seems to have enacted legislation the EU rules. The Hague Convention on service delivery rules, the European Union and the main difference is that seemingly inconvenient. EU delivery rules enables rapid international delivery. It is characterized by a point system to protect the interests of the plaintiff rather than the defendant EU service of documents(regulation No 1393/2007) puts in Article 5(Translation of documents), Article 6(Receipt of documents by receiving agency), Article 8(Refusal to accept a document), Article 9(Date of service), Article 19(Defendant not entering an appearance) has meaning. South Korea, China and Japan are signatories of the Hague delivery convention. Korea has declared reservations acceding to the Convention. Declared Reservation is unavailable for the simple delivery method on the service agreement and There will be disputants to inhibit the rapidity international litigation. As a result, signed a bilateral treaty on delivery or air conditioning, it is necessary to conclude a multilateral treaty. EU service of documents is the appropriate model for reference.