민사소송에 있어서 사실인정의 판단구조

This thesis is based on the verdict structure of fact-finding in civil procedure. A trial is a legal process where a department of justice will recognize the detailed facts and apply regulations in order to draw a conclusion. Although the detailed facts may be recognized, the ability to choose between trial by jury and trial by judge alone in some jurisdictions presupposes a rational basis for exercising the choice.As a result, the judgement can be an invalid one, despite the judge s effort to interpret and apply the accurate regulations if thepreconditions of these facts are not clearly understood. In this sense, fact-finding is a crucial factor in forming the basis for civil suit. However, the Civil Procedure Code in Korea stipulates that the decision of fact-finding is depends upon the case s judiciary(Civil Procedure Code Article 202) and no clear evaluation method for detailed fact-finding is given. In additionm, there is hardly any evaluation training provided in the legal education. Therefore, this paper examines the meaning of fact-finding, subject fact and the fundamental structure of fact-finding as a way to systematize the structure of decision-making for judicial fact-finding. It will also attempt to explore the fact-finding obtained from evidence andratification made by collateral fact; which is derived from indirect evidence. This thesis will make a contribution in preventing any kind of irrationality that can hinder the fact-finding process and in supporting the judiciary to make rather fair and rational decisions by systematizing the structure of decision-making for fact-finding. In addition, this paper will help graduate students in law schools who have to study legal theory and practical learning in parallel.