기판력의 객관적 범위에 관한 비판적 고찰 -판결주문과 이유의 판단과 관련하여- = A Critical Review of the Objective Scope of Res Judicata

다국어 초록 (Multilingual Abstract)

At present, a civil lawsuit is composed of parties with individual rationality as an expression of the principle of private autonomy among their private rights. It is processed according to the principles of disposition and pleading as well as the court`s authority in order to reach a favorable judgment. The process is the principle of dominance, a realization of legal liberalism which is a product of the modern civil revolution, and it assures that human dignity is maintained by putting the human perspective first in the lawsuit. Furthermore, the principle of a lawsuit is the settlement of a legal dispute in which each party presented their own standpoint and the court made a well-reasoned decision. The conclusion of the case continues to affect future lawsuits according to the justice of the proceedings. The res judicata accepts a decision of a lower court in an appellate court. To understand the scope of the res judicata, we must examine civil procedure code No. 216 section 1, which states that excluding further litigation applies to the text of the decision. Hence, it does not apply to the legal cause. However, civil procedure code No. 216 section 2 indicates that the res judicata can be applied to the sum of opposing positions even if they fall under the reason of decision if it is a decision for a set-off defence. This is to promote one-time settlement of conflicts since a previous lawsuit is rendered meaningless if there is a separate dispute about the existence of an automatic bond. Moreover, disputes are more complicated and diverse in the highly developed barter economy of today. As a result, the number of one-time settlement inquiries of litigation economy and disputes are increasing. Therefore, there is an ongoing debate through theories and cases on the necessity of giving the law binding force for legal cause as well and not merely the text of the decision. Thus, this paper defines that civil procedure code No. 216 section 1 has the res judicata on the text of a decision. Concurrently, this paper examines section 2 based on the principle that it has the effect on a sum of an opposing position for a set-off defence to determine the systematic interpretation of the reason and text of decision as well as the scope of the effect based on lawsuit objective theory. Furthermore, theories and cases related to the binding force of a reason of decision are introduced to suggest suitable directions for interpretation.