각국 법원모욕의 제재 방식에 관한 연구 = Research on Contempt of Court in Overseas Jurisdictions

다국어 초록 (Multilingual Abstract)

The present research was conducted on the law of contempt of court by using a comparative law analysis for the purposes of protecting judicial order and establishing rule of law.
As an introductory part, Part I examines the current legal system and recent cases in Korea that served as premises for undertaking this research. It also identifies the standard for classification of types of contempt of court.
Part II studies the contempt sanctions of various states on actions that pose a threat to orderly judicial proceedings. For example, under Anglo-American law, it is allowed for a judge to punish summarily an individual who committed direct contempt while the same act does not constitute a crime under German Law.
Part III focuses on the legal systems where defiance of court orders is treated as contempt of court. Since it is axiomatic that continued disobedience or insubordination against court decisions undermine the very foundation of the law, this research suggests that contempt of court can be an efficacious solution for enforcing court orders.
Part IV addresses the necessity of regulating actions that impede the judicial system, such as filing frivolous lawsuits and scandalizing the court by maliciously criticizing it. Pursuing a frivolous lawsuit and scandalizing the court call for contempt sanctions because they prevent the adequate administration of trials.
In conclusion, Part V summarizes the contempt sanctions of UK, US, Singapore, Germany, France, and International Courts thereby providing each system’s characteristics at a glance.
By introducing and analyzing the law of contempt of court in overseas jurisdictions, this research proposes a way to rebuild the rule of law that would guarantee the citizens a fair trial as a constitutional mandate: imposing various types of contempt sanctions on recalcitrant individuals who are regarded as to obstruct the administration of justice.