신모델하의 민사소송절차 구조와 절차 관리자로서의 법관의 역할

Abstract

The Korean Supreme Court have developed New Model, which was newly accepted and enforced in Korean civil procedure system from March 1. 2001, to reform the structure of the civil procedure process and to raise the procedural efficiency. The New Model aims at strengthening case management and role of judges in the whole process. Furthermore, The New Model also divide the process into pre-trial phase and concentrated main hearing phase. According to the planned model, every contentions and most evidences except examination of witnesses and parties should be presented and taken during the pre-trial phase including pre-trial conference. After then, the case should be closed through the one-time main hearing. However, methods of managing pre-trial process are not standardized and most judges could not realize appropriate managerial role for case management until now. Accordingly, the New Model are not firmly established in Korea. On the other hand, the Principles of Transnational Civil Procedure(hereafter 'PTCP') were accepted with unanimous approval in April 2004 by ALI and UNIDROIT at their annual meeting. The PTCP are designed to contribute to a worldwide harmonization of civil procedure and should have effect on not only transnational commercial case, but also legal orientation for important issues of reform within the frame of international consent and its probable development. Therefore, study of the PTCP should be a good guide for us to establish the New Model in Korea. The author would like to treat some problems of the recent New Model and in the same breath find reasonable solutions for them from the PTCP.