한국의 특수법원 분석을 통한 상사법원 설립 모델에 관한 연구

Abstract

This study focuses on the contemporary reality in which the complexity and scale of commercial disputes have increased dramatically as a result of industrial diversification and the internationalization of corporate activities, leading to increasingly sophisticated and complex transaction structures. Differences in national regulatory regimes, rapid technological change, and intensified capital mobility have transformed commercial disputes into multilayered matters requiring a high level of expertise. Nevertheless, existing civil procedures have been persistently criticized for lacking sufficient procedural and organizational mechanisms to resolve such high-complexity commercial disputes in a timely and specialized manner. In response, major jurisdictions—including the United States, the United Kingdom, Singapore, and the Netherlands—have established and operated commercial courts or international commercial courts to effectively handle complex commercial disputes arising from multinational contracts, financial transactions, mergers and acquisitions, and corporate restructuring. These specialized courts function as institutional foundations that enhance the quality of judicial services by increasing expertise and predictability in dispute resolution, thereby strengthening investment stability and market confidence. Moreover, the expansion of ESG principles and growing demands for improved corporate governance further underscore the necessity of specialized courts dedicated to commercial disputes. The accumulation of case law and the consistency of legal doctrine achieved through such courts are widely regarded as factors directly linked to national competitiveness. Against this backdrop, the purpose of this study is to propose a commercial court model suited to Korea’s institutional and judicial environment. To this end, the study selects the Administrative Court, the Patent Court, and the Rehabilitation Court—excluding the Family Court—from among Korea’s existing This study focuses on the contemporary reality in which the scope of corporate activity has expanded and transaction structures have become increasingly complex as a result of industrial diversification and internationalization, leading to a sharp rise in the complexity and scale of commercial disputes. Differences in national regulatory frameworks, technological change, and intensified capital mobility have rendered commercial disputes more multilayered, while existing civil procedures have been criticized for failing to provide adequate procedural mechanisms to resolve such high-complexity disputes in a timely and specialized manner. In response, many jurisdictions—including the United States, the United Kingdom, Singapore, and the Netherlands—have established commercial courts or international commercial courts to effectively handle complex international and commercial disputes arising from multinational contracts, finance, mergers and acquisitions, and corporate restructuring. These specialized courts function as institutional foundations that enhance expertise and predictability in dispute resolution, thereby strengthening investment stability and market confidence. The expansion of ESG principles and growing demands for improved corporate governance further underscore the need for specialized courts, and the accumulation of case law and consistency of legal doctrine through dedicated courts are regarded as factors directly linked to national competitiveness. Against this backdrop, this study aims to propose a commercial court model suitable for the Korean context. To this end, excluding the Family Court, the Administrative Court, the Patent Court, and the Rehabilitation Court are selected from among Korea’s existing specialized courts as subjects of analysis. Based on statutes, government documents, judicial materials, academic literature, and policy reports, the study systematically examines each court’s legal foundation, institutional objectives, historical development, organizational structure, staffing, case composition, and the achievements and limitations of institutional operation, in order to identify broader trends in institutional change. On this basis, the study elucidates how the expertise and structural characteristics developed by existing specialized courts can be integrated into a Korean-style commercial court model. Ultimately, this study seeks to reconstruct the system of specialized courts in a coherent manner through the design of a Korean commercial court, while satisfying the requirements of fairness and transparency in an ESG-oriented environment and establishing an institutional foundation for a commercial court aligned with international standards. Furthermore, by presenting practical design directions for the introduction and operation of commercial courts, the study aims to contribute to the development of institutional frameworks related to judicial policy innovation, economic revitalization, and enhanced shareholder protection.