RISS 학술연구정보서비스

검색

인기 검색어

    다국어 입력

    http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.

    변환된 중국어를 복사하여 사용하시면 됩니다.

    예시)
    • 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
    • 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
    닫기
    KCI등재

    재판상 자백의 성립기준으로서 불리한 사실

    한글로보기

    https://www.riss.kr/link?id=A109293051

    • 0

      상세조회
    • 0

      다운로드
    서지정보 열기
    • 내보내기
    • 내책장담기
    • 공유하기
      • URL 복사
    • 오류접수
    인용문이 복사되었습니다.

    부가정보

    다국어 초록 (Multilingual Abstract) kakao i 다국어 번역

    In civil lawsuits, there is a conflict regarding the concept of facts unfavorable to oneself in relation to the criterion for establishing admission. The one views admission as a case where all or part of the lawsuit is likely to lose if the other partys alleged facts are adopted as the basis for judgment, and the other views it as a statement acknowledging the other partys alleged facts for which the other party has the burden of proof. The Supreme Court is taking the former view. However, the basis for the binding power of admission is the principle of party presentation(Verhandlungsmaxime), the basic principle of civil lawsuits. The principle of party presentation allows the one party to decide the necessity of proving the facts the other party has alleged. It is reasonable to view facts unfavorable to oneself as a ‘statement that acknowledges the fact for which the other party has the burden of proof. Since the burden of proof determines the outcome of a lawsuit, in order to stabilize the litigation process, it is necessary to judge the pros and cons of the partys claims in accordance with the pre-determined criterion for distributing the burden of proof of facts. Only when a admission can be determined based on the responsibility of proof, the parties can freely allege or withdraw the facts in consideration of the burden of proof or the burden of allegation. It is appropriate that the binding effect of an admission is permitted to the minimum extent that it harmonizes the principle of the adversarial system and the ex officio. That is consistent with one of the ideal of civil proceedings, proper trial. In addition, Korean Civil Procedure Act should be seen as premised on the theory of burden of proof, because it requires proof of both ‘contrary to the truth’ and ‘resulting from a mistake’ as conditions for withdrawal of an admission. In the case where the person denies and then withdraws a fact for which the burden of proof is on him, if he proves the fact that he denied, it is resonable that the admission presumed to be made by mistake. The condition ‘resulting from a mistake’ is not needed. It can also be seen from the Civil Procedure Act which stipulates the duty of explanation(Article 126 of the Civil Procedure Act) that an admission is not to be established with the alleged facts for which one bears the burden of proof.
    번역하기

    In civil lawsuits, there is a conflict regarding the concept of facts unfavorable to oneself in relation to the criterion for establishing admission. The one views admission as a case where all or part of the lawsuit is likely to lose if the other par...

    In civil lawsuits, there is a conflict regarding the concept of facts unfavorable to oneself in relation to the criterion for establishing admission. The one views admission as a case where all or part of the lawsuit is likely to lose if the other partys alleged facts are adopted as the basis for judgment, and the other views it as a statement acknowledging the other partys alleged facts for which the other party has the burden of proof. The Supreme Court is taking the former view. However, the basis for the binding power of admission is the principle of party presentation(Verhandlungsmaxime), the basic principle of civil lawsuits. The principle of party presentation allows the one party to decide the necessity of proving the facts the other party has alleged. It is reasonable to view facts unfavorable to oneself as a ‘statement that acknowledges the fact for which the other party has the burden of proof. Since the burden of proof determines the outcome of a lawsuit, in order to stabilize the litigation process, it is necessary to judge the pros and cons of the partys claims in accordance with the pre-determined criterion for distributing the burden of proof of facts. Only when a admission can be determined based on the responsibility of proof, the parties can freely allege or withdraw the facts in consideration of the burden of proof or the burden of allegation. It is appropriate that the binding effect of an admission is permitted to the minimum extent that it harmonizes the principle of the adversarial system and the ex officio. That is consistent with one of the ideal of civil proceedings, proper trial. In addition, Korean Civil Procedure Act should be seen as premised on the theory of burden of proof, because it requires proof of both ‘contrary to the truth’ and ‘resulting from a mistake’ as conditions for withdrawal of an admission. In the case where the person denies and then withdraws a fact for which the burden of proof is on him, if he proves the fact that he denied, it is resonable that the admission presumed to be made by mistake. The condition ‘resulting from a mistake’ is not needed. It can also be seen from the Civil Procedure Act which stipulates the duty of explanation(Article 126 of the Civil Procedure Act) that an admission is not to be established with the alleged facts for which one bears the burden of proof.

    더보기

    동일학술지(권/호) 다른 논문

    동일학술지 더보기

    더보기

    분석정보

    View

    상세정보조회

    0

    Usage

    원문다운로드

    0

    대출신청

    0

    복사신청

    0

    EDDS신청

    0

    동일 주제 내 활용도 TOP

    더보기

    주제

    연도별 연구동향

    연도별 활용동향

    연관논문

    연구자 네트워크맵

    공동연구자 (7)

    유사연구자 (20) 활용도상위20명

    이 자료와 함께 이용한 RISS 자료

    나만을 위한 추천자료

    해외이동버튼