私人의 提訴與否決定 모델과 民事事件 增加의 原因에 대한 法經濟學的 分析

Judge Lois G. Forer alleges that America is the most litigation-prone society in terms of absolute amounts of litigation and per capita litigation rates. Moreover, Chief Justice Warren E. Burger obseived that the “epidemic of hair-trigger suing” in America was entwined with the destuction of communal unity such as church, family, or neighborhood. He daimed that the decline of these vigorous community institutions raised the anxiety of Americans and thus made them resort to litigation.When compared with court filing numbers in California, Illinois, New York, and Texas in terms of civil cases, the litigation rate in Korea is higher than California, Illinois, and Texas, but lower than new York. Hence, it is not too mch to say that Koreans are as much litigious as Americans. Litigiousness in Korea can not be explained by Confucian tradition because it creates a compromise-oriented society. Also, in foreigners eyes, the Confucianism hinders their understanding about Korea s civil litigation. Rather, the drastic increases in civil cases in Korea can be easily anayzed from the viewpoint of law and economics. From the perspective of law and economics, this article deals with a prospective litigant s decision-making as to whether to bring a suit or settle under American Rule. English Rule, and Modified English Rule. Next, it analyzes several statistical data about civil cases in Korea. Afterwards, it concludes that Koreans litigiousness are pertinent to internal factors such as litigation costs, and extemal ones including economic depression and the destruction of communal unity as well.