일본에서의 가사비송사건 절차의 규율

A Study on the Regulations of Non–Litigious Domestic Case Procedures of Japan

Japan recently enacted a new act to replace the Act for Determination of Domestic Relations regarding the non–litigious domestic case procedures and is scheduled to implement it. The new act calls cases for determination of domestic relations and family mediation and is entitled “Domestic Case Proceedings Act” to indicate it regulates domestic case procedures. One of the characteristics of the revision is that the new act establishes a so–called self–concluding domestic case proceedings act instead of applying other procedure regulations. The recent revision of the regulations of the non–litigious domestic case procedures has great implications for the interpretations of Korean acts on domestic case procedures and the revision of the Korean domestic litigation act. Thus this study set out to compare the Domestic Case Proceedings Act with the operative and Korean one in terms of main content. The most important point of the new Japanese act is the establishment and expansion of the procedural guarantees. It especially has “Special Regulations of Determination of Domestic Relations Procedures on Matters for Family Medication” and is particularly considerate of procedural guarantees. One of the special regulations of domestic case determination procedures on matters for family mediation is that it is mandatory to issue a notice of case continuance in case of request for domestic case determination of such a kind. The current Korean act has no such regulation on notice of case continuance, which raises a need to establish such a regulation to practically guarantee the concerned party’s right to interrogation request. In addition, the Korean domestic litigation act has no device to obtain access to the data submitted by the opponent and the data collected by the court, which is a deficiency in procedural guarantees. The new Japanese act has a provision to make one issue a notice of facts investigation to the concerned party in the non–litigious domestic case procedures. In future, the revision of the Korean domestic litigation act should move toward revision into a self–concluding act that is easy for users to know in addition to procedural guarantees for the concerned party.