JIN Guidelines 및 서울회생법원 공조준칙에 비추어 본 국제민사사법공조의 개선 방향

In the Korean civil procedure, international judicial cooperation has been limited to entrusting delivery or examination of evidence, and cooperation with foreign courts seems to have deviated from the central topic of discussion. However, as international exchanges become more common and international lawsuits expand, the amount of international cooperation with foreign courts is expected to increase. In the case of cross border insolvency, international judicial cooperation is a very important issue. because judicial cooperation in such cases is required along the line consistently. This is in a contrast to occasional general case or only in exceptional circumstances. With this background, the field of international insolvency is the area in which the regulations on judicial cooperation are inevitably developed, and the JIN Guidelines, Modalities, and Seoul Bankruptcy Court Procedural Guidelines were born as pioneering norms. Regarding the cross-border Insolvency case, although Article 461 of the Debtor Rehabilitation and Bankruptcy Act stipulates international judicial cooperation. The text is only outlines the general principles of cooperation. The Seoul Bankruptcy Court Procedural Guidelines referred to the JIN Guidelines. However most regulations related to the rights of the parties are excluded and the participation of the parties is determined at the discretion of the court. The Korean Civil Procedure Act only references Article 191 regarding international judicial cooperation act on the international judicial mutual assistance in civil matters and does not include provisions to ensure the opportunity for the persons concerned to participate in the process. Legislatively, when our courts receive a request for judicial assistance from a foreign country or when it a request is made for judicial assistance, it must notify the parties or interested parties in advance about the contents and procedures, and the right to participate in the procedures if wanted. In addition, it is necessary to guarantee the active right of the parties to request cooperation with foreign courts from the court.