家事裁判의 旣判力 = Res Judicata of Judgments of Family cases

다국어 초록 (Multilingual Abstract)

Family Litigation Act has one provision about res judicata That is Family Litigation Act Article 21 which states "(1) Final and conclusive judgment which has admitted a claim of the case of family litigation of Category A or B, shall have the effect on a third person (2) When a judgment rejecting the claim under paragraph (1) has been made final and conclusive, other persons entitled to institute a litigation may not file a litigation again, unless there exists any justifiable reason for having not been able to participate before closing the pleadings in the fact-finding proceedings"
Family Litigation Act Article 12 states "Except as otherwise prescribed in this Act, the procedures for the family litigation shall be governed by the provisions of the Civil Procedure Act"
Family Litigation Act Article 21 is the exceptional provision concerning subjective scope of res judicata of judgments of family litigation So, except subjective scope of res jedicata, res judicata of judgments of family litigation is the same as that of the judgments of civil litigation
In this article this writer gives a overview of res judicata of judgments of civil litigation Next to that, this writer goes into interpretation of Family Litigation Act Article 21, objective scope of res judicata of judgments of family litigation, temporal scope of res judicata of judgments of family litigation, res judicata of decision of family non-litigation, res judicata of family conciliation, res judicata of foreign judgements of family litigation and so on
Lastly some cases of Seoul Family Court which had res jedicata issues are introduced

목차 (Table of Contents)

• Ⅰ 序論
• Ⅱ 민사소송에서의 기판력
• Ⅲ 가사재판의 기판력
• Ⅳ 結論
• Ⅴ 참고문헌
• Ⅵ 영문초록

참고문헌 (Reference)

1 홍정선, "행정법원론(상)" 박영사 2007

2 오상진, "이혼원인에 있어서 유책주의와 파탄주의"

3 이시윤, "신민사소송법" 박영사 2009

4 조수정, "변론종결 이후에 발생한 새로운 사유" 21 : 2000

5 새 가사소송법의 개설, "박병호교수환갑기념" 1991

6 호문혁, "민사소송법" 법문사 2008

7 정동윤, "민사소송법" 법문사 2009

8 국순욱, "기판력의 본질과 작용" 11 (11): 2003

9 강현중, "기판력에 관한 연구" 법학연구소 19 : 99-149, 2007

10 법원행정처, "개정증보 법원실무제요 가사"

11 박동섭, "가사소송실무" 법률문화원 2006

12 법원행정처, "가사비송재판실무편람"

13 三代川 俊一郞, "改訂人事訴訟法槪說 in 判決の效力及び判決に對する不服申立ての取扱い" 日本加除出版 2007

14 佐上善和, "家事審判法" 信山社 2007

15 德田和幸, "家事審判の旣判力" (1100) : 2002

16 高田昌宏, "家事事件手續法" 有斐閣 2007

17 大橋眞弓, "家事事件手續法" 有斐閣 2007

18 島岡大雄, "家事事件の現況 in 乙類審判 における 先行審判の むし返 しの可否" 判例タイムズ社 2006

19 海勞澤美廣, "外國離婚判決(子の監護裁判を含む)の效力" (1100) : 2002

20 김원태, "外國家事裁判의 承認과 執行" 嶺南民事法學會 嶺南民事訴訟法學會 5 : 2002

21 春日偉知郞, "卽時抗告をめぐる諸問題" (1100) : 2002