변론종결 후 계쟁물 승계인의 소송법적 지위 - 최근 일본에서의 논의를 중심으로 -

Abstract

In interpreting Article 218 paragraph 1 of the Korean Civil Proceedings Act, which has been measured the regulation on the successor after closing argument from Japan, the history of legislation and interpretation of the applicable regulations of the Japanese Civil Proceedings Act, the mother law, cannot and should not be ignored. Recently, new opinions have been raised over the status of the successor of subject-matter in dispute under the Legal Procedure Law in Japanese academia of the Civil Proceedings Act, leading to active discussions. In this thesis, the issues raised in the above new opinions are condensed into three as follows. First, it is the discussion on how to interpret the application of the effect of excluding further litigation on the successor in harmony with the regulation of the objective scope of the effect of excluding further litigation, second, it is the discussion of the extent to which the procedure security can be accepted for the successor of subject-matter in dispute without spoiling the legal stability, and third, It is a discussion of the newly drawn conclusions by considering the opinions surrounding the inherent protest of the successor of subject-matter in dispute and relevance of the extended structure of the effect of excluding further litigation In general, as the new opinions emerge by indicating their irrationality based on traditional theories and going through the process of being accepted or rejected by academia or business circles through strict evaluation for them, the form of description of this thesis was also conducted by presenting traditional theories first for each issue and introducing new opinions and then adding to the review by the disputant.