소액사건심판법에 있어서 이행권고결정제도에 관한 연구

Abstract

The system of decision to recommend performance small claims is a decision of the court to recommend the defendant to perform as the purport of the claim in case of lawsuit of small claims (Article 5-3 Clause 1 of the Act on Small Claims Lawsuit), which was newly introduced to the Act on Small Claims Lawsuit in 2001 by reflecting the concepts of payment order and the system of decision to recommend out-of-court settlement. It was newly established for the purpose of simple and rapid treatment of small claims. However, up until now when 10 years have passed since the system was implemented, the number of cases that can be treated with the decision to recommend performance small claims was not so many as expected of the small claims when judging by the realities of operation of the system so far, and small claims are not treated as rapidly as expected either. Hence, the expected effect that small claims would be able to be treated rapidly seems to be weak. In addition, the effect of excluding further litigation of the confirmed decision to recommend performance small claims is not acknowledged for the reason that it has the same effect as the final ruling, and thus, the decision has little difference from the system of payment order on the demanding procedure. Accordingly, the procedure to treat small claims is seen as if it limits the options of the people ultimately. These issues are due to the approach of the court to the nature of the procedure of small claims lawsuit from the viewpoint of promotion of efficiency that removes the delay of solution of disputes by rapid treatment of small claims. From the viewpoint of convenience of the people to make the people use the simple and fair trial procedure even for small claims, we should be interested in the arrangement of procedure for solution of disputes over small claims that is standardized and specialized so that the people will recognize that small claims are treated not by the general civil suit procedure but by the simple procedure of small claims lawsuit from when the small claims lawsuits are filed.