가사비송절차에서의 참가와 수계

In the procedure of family non-litigation, the concerned party formally involved in the procedure(formal concerned party) can be different from the person subjected to the effect of trial(practical concerned party). In family non-litigation cases with no other party, in particular, the claimant initiates the procedure and submits trial materials, but the effects of trial may be on the relevant person. In such a case, it is needed to provide interrogation and hearing opportunities to the person subjected to the effects of trial or directly influenced by the legal status of trial outcomes and guarantee the person s status of getting involved in the procedure and engage in procedural acts. Even in family non-litigation cases with the other party, it is needed to guarantee the person that will have his or her status or interests under the direct influence of trial outcomes of a chance to intervene in the procedure in advance. It is the common view that the suspension of the procedure will not be recognized in the family non-litigation procedure as the procedure proceeds mainly by the procedural speed and authority. The other party s intervention should be guaranteed in the examination of evidence by the concerned party s interrogation and request. In family non-litigation cases with the other party, in particular, examination of evidence despite the suspension of the procedure is not allowed as it happens to ignore the successor s right to intervention and opportunity to make a statement. Just because the suspension of the procedure is not recognized in the family non-litigation procedure, it does not mean that there can be no succession of the procedure. The present study reviewed the intervention and succession regulations in the family non-litigation procedure in the current Family Litigation Act and its general revision bill from the perspective of procedural guarantee for the concerned and interested parties and drew its own conclusions.