The decisions of the Supreme Court in civil procedure law during 2009 contain the traditional parts of jurisdiction, parties, co-litigation, oral proceeding, right to elucidation, principle of free conviction, effect of excluding further litigation, r...
The decisions of the Supreme Court in civil procedure law during 2009 contain the traditional parts of jurisdiction, parties, co-litigation, oral proceeding, right to elucidation, principle of free conviction, effect of excluding further litigation, rechtsschutz-interesse, evidence, recourse(appeal & re-appeal), retrial etc..
And we can find in them some special tendency of evidence, international jurisdiction, approval of foreign decision, retrial connected with constitutional appeal. This indicates a new direction to where the Korean action procedure law should go to develop it's theory and practise. First needed a new study on the unification of evidence-theory not only in civil procedure but also in criminal procedure. Second we are to consider retrial provisions by and large and study a unified retrial system connected with constitutional appeal in all its aspects.