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KCI등재 학술저널

민사소송법의 전문심리위원제도에 관한 연구

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“The Expert Comissioner” is newly introduced into Korean Civil Procedure Law in June 20th, 2007. The new law(the revised Korean Civil Procedure Law) has been in effect since August 14th, 2007. Korean Supreme Court has made some relative enforcement decrees and selected 964 expert comissioners nationwide. The expert comissioner is a professional person who can support the court to explain or make opinions on the cases related with special fields like intellectual property, construction, medical affair, environment, etc., which require technical knowledge to understand. The Japanese expert comissioner could be a good ex-ample to Korean one. This essay explains what the expert comissiner is and briefly touches the issues of its application, duty and comparison to the relative systems. This essay doesnʼt say about the new systemʼs merits because anyone could easily guess them. It touches only the systemʼs demerits. Those are the probability of the expert comissionerʼs overpower, whether the expert comissioner could be examined or cross-examined directly by parties, the overuse of the right to chal-lenge and the gaps between regions. I try to evaluate the demerits and to sug-gest the solutions. Finally, I make some remarks on the system itself and the process of revising the law this time. The part of Japanese Civil Procedure Law on the expert comis-sioner is added.

Ⅰ. 들어가는 말

Ⅱ. 제도의 개요

Ⅲ. 문제점

Ⅳ. 맺는 말

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