유럽연합소액소송절차에 관한 연구

A Study for European Small Claims Procedure

The European Community has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implications needed for the proper functioning of the internal market. According to Article 65(c) of the Treaty, those measures are to include those eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. This Regulation establishes a European procedure for small claims intended to simplify and speed up litigation concerning small claims in cross-border cases, and to reduce costs. The European Small Claims Procedure is be available to litigants as an alternative to the procedures existing under the laws of the Member States. This Regulation also eliminates the intermediate proceedings necessary to enable recognition and enforcement, in other Member States, of judgments given in one Member State in the European Small Claims Procedure. The European Small Claims Procedure is a written procedure. A judgment given in a Member State in the European Small Claims Procedure is recognised and enforced in another Member State without the need for a declaration of enforce-ability and without any possibility of opposing its recognition. The court or tribunal may hold an oral hearing through video conference or other communication technology if the technical means are available. It may also admit the taking of evidence through video conference or other communication technology if the technical means are available. This article compared European Small Claims Procedure with Korean Small Claims Procedure and (along with) proposed improvements. For promoting judicial cooperation in Far East Asian countries such as Korea, China and Japan, European Small Claims Procedure may be considered to be a good model. To satisfy further revisional needs for European Small Claims Procedure, COM/2013/0794 has been submitted. Continued research is needed.