Earticle

초록

영어

The ever‐increasing commerce among Korea, China, and Japan (hereinafter referred to as “Three Countries”) incurs a large number of international disputes, which necessitates international judicial assistance in civil and commercial matters. This writing focuses on the judicial service of proceedings among Three Countries.
Three Countries joined in the ‘Hague Convention on the Service Abroad of Judicial and Extra‐judicial Documents in Civil and Commercial Matters of 1965’ (hereinafter referred to as “Hague Convention”) which created the Central Authority to get rid of some time consuming diplomatic channels from judicial service. Korea designated the Ministry of Court Administration as the Central Authority; China designated the Ministry of Justice; and Japan designated the
Ministry of Foreign Affairs. Especially Korea and China signed in 2003 the ‘Treaty between the Republic of Korea and the People’s Republic of China on Judicial Assistance in Civil and Commercial Matters’ (hereinafter referred to as “Treaty b/w Korea and China”) which simplifies the form of Hague Convention in judicial service. Now the service between Korea and Japan is governed by the Hague Convention. And the service between Korea and China is governed
by the Treaty b/w Korea and China. As a result, the period of service has been shortened from about 6‐8 months to 2‐4 months among Three Countries.
One thing we have to be noted is that the qualification of judicial assistance and the legality of service may be differently judged. The legality of service should be reviewed in viewpoint of due process. Therefore the judicial service may be legitimate even if the service fails to get judicial assistance.

목차

Ⅰ. 서설
 Ⅱ. 민사사법공조의 개념과 송달의 적법성
  1. 사법공조의 개념
  2. 송달의 적법성과 사법공조
 Ⅲ. 송달에 관한 국제조약과 송달방식
  1. 개설
  2. 국제조약
  3. 송달방식
 Ⅳ. 한중일 삼국의 송달방식
  1. 한국
  2. 중국
  3. 일본
 Ⅴ. 한중 사법공조조약
  1. 개설
  2. 한중공조조약의 내용
 Ⅵ. 결어
 《참고문헌 》
 Abstract

저자

• 정영진 [ Young Jin Jung | 전남대학교 법과대학 조교수 ]

참고문헌