Earticle

초록

영어

International jurisdiction is a matter of which country's courts can be tried on international private legal matters. According to Article 2 of the International Private Law, the court has the jurisdiction of an international Jurisdiction if the party or the disputed matter is substantially related to the Republic of Korea. However, there is no mention of what is substantial connection, and it is left to theories and precedents. This study aims to clarify the concept by examining theories and precedents on substantial connection as a criteria for judgment of international jurisdiction. Most disputes over international private legal relations may be substantially related to both foreign courts and our courts. It should be understood that substantial connection requires at least contact to be insufficient, and that it is closely or significantly related. However, I don't think it needs to be "most" closely and "most" importantly" related. In order to present specific criteria for the ubstantial connection of Article 2 of international private law, specific and clear criteria for international jurisdiction must be newly established. However, it is very difficult to present uniform and clear criteria for various types of international cases. I look forward to the final legislation of the revised law on international private law, which created rules for international Jurisdiction.

목차

Ⅰ. 서론
Ⅱ. 국제재판관할권에서 실질적 관련의 개념
Ⅲ. 실질적 관련에 대한 판례의 검토 및 평석
Ⅳ. 국제재판관할권의 불행사
Ⅴ. 결론
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키워드

방국제재판관할권 국제사법 실질적 관련 최소한의 접촉 국제재판관할권의 불행사 부적절한 법정지의 법리 International Jurisdiction International Private Law Substantial Connection Minimum Contact Forum non Conveniens

저자

• 김인유 [ Kim, In-Yu | 한국해양대학교 해사법정학부 교수 ]

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