보조참가이익에 관한 고찰

There are quite a few troubles that are concerned with the third person who is interested in a dispute resolution besides party to a lawsuit. If there is a third person whose right and interests are infringed by the outcome of a litigation, it is justified that he intervene in the litigation. In that case, he may participate in a lawsuit. In accordance with Civil Procedure Act Article 71, when a third person has interests in the outcome of a lawsuit, he may intervene in the lawsuit with a view to assisting one party to win a litigation, unless litigation procedures are delayed. The requirements of a sub-intervention or the interests of a sub-intervention function that they set the limit to the intervention of a third person. Moreover the function is considered in deciding whether a third person has legal interest in the outcome of a litigation or not. In the light of the theoretical and practical issues in the interests of a sub-intervention, when the legal status of a third person is influenced by the existence of the right or the legal relation that is the subject-matter of a principal lawsuit, he has the interests of a sub-intervention. In relation to the meaning of the outcome of a litigation, we should consider the theory of the subject-matter in a litigation and the time to judge of the existence of the grounds of an intervention. In deciding whether the outcome of a litigation would have an effect on the right or legal status of a third person, it is necessary to give a thought to the details of the case in that is mattered whether the interests of an intervention may exist.