민사소송상 구술심리주의의 효율성 제고의 실질적 방안

The Efficient & Effective Ways for Promoting the Oral Argument System in Civil Procedure

The procedural principle of oral argument is both fundamental and cardinal in that it aims at implementing reciprocally the rules for the open court and the necessary hearing for achieving the fair, speedy and economic goal of civil procedure. The courts have made continuing efforts to substantiate and strengthen the oral argument principle in collaboration of the intensified hearing system. But the courts have to keep in mind not to fail and foil the real purpose of the oral argument principle only by fulfilling the procedural satisfaction of the parties to have them feel the trial fully addressed according to the full fledged procedural safeguards. The oral argument will work its indigenous functions properly by virtue of sharing the common consciousness and the consolidated wills of all concerned. The courts will arduously be called upon to stance more judicial activism to have the oral argument principle take the firm roots on the judicial soil. The courts should have the unwavering determination to implement the oral argument system by its core value, not by its appearance.