한국 민사소송법의 변천과 과제

Transition of the Korean Code of Civil Procedure and the Tasks

The Korean Code of Civil Procedure(KCCP) was enacted on the 4th, April, 1960 and was implemented since the 1st, July, 1960. At first KCCP was quite similar to the Japanese Code of Civil Procedure. But as Korea and Japan differ in political, economic, social and cultural conditions and the structure of the judiciaries of the two countries is different, there arose considerable divergences between the legislations concerning civil procedure of the two countries through 56 years ever since. KCCP experienced 27 amendments since its enactment, among which 1990 large-scale amendment and 2002 full-scale amendment had a great impact to the civil procedure of Korea. Futhermore the enactment of special acts as Trial of Small Claims Act in 1973 and Act on Special Cases concerning Expedition, etc. of Legal Proceedings in 1981 brought great changes to the civil procedure. KCCP is embracing long-term tasks, such as inquiry into the basic ideology, introduction of the obligation to clarify the cases. easy access to the civil justice system, measures to cope with the expansion of modern and complex cases, equipments of international civil procedure, improvements to the secret protection process in civil cases, expansion of the means of alternate dispute resolutions, and utilization of new technologies inclusive of electric litigations, etc. At present, priorities are given to the tasks of how to improve the final appeal system related to the Supreme Court of Korea and whether to enlarge the means of gathering and disclosing evidences. I expect better civil procedural system would be made through constructive discussions.