미국법의 Forum Non Conveniens 법리의 적용에 관한 연구 = 국제신용장 소송을 중심으로

다국어 초록 (Multilingual Abstract)

Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. This is an increasingly serious problem because it balances the concept of party autonomy against broader concerns of justice and fairness. Some states have become notorious as plaintiff-friendly jurisdictions and so have become litigation magnets even though there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated.
The United States has attracted foreign litigants wishing to take advantage of the more generous awards of damages and alimony, the extensive discovery rules and, most importantly, the contingent fee system. Therefore, The United State Law is adopting the principle of forum non conveniens as the rule of jurisdiction against forum shopping of plaintiffs
The doctrine of forum non conveniens originated in Scotland in the nineteenth century but largely developed in United States of America. In America a court, in order to stay an action, must take into account both the private interest of parties and the public interest of the forum State.
Parties of a international transactions of letter of credit generally do business in different countries. In commercial disputes from international transactions of letter of credit, forum shopping problems has happened. In this paper, two cases of U.S. courts concerning disputes of international transactions of letter of credit were analyzed to find factors to be considered whether to grant or deny the remedy of forum non conveniens.
Most important part of whole international transaction of letter of credit is making payment to beneficiary by nominated bank. Such essential performance of letter of credit can be said to be happened in the business place of nominated bank. Disputes of international letter of credit can have most deep relations with the business place of nominated bank. Therefore, although reimbursement to nominated bank by reimbursing bank or issuing bank happens in the America, U.S. courts is to dismiss case by application of forum non conveniens if such case have no relations or a few relations with America.

참고문헌 (Reference)

1 이숭희, "해외 인터넷언론에 의한 명예훼손의 국제재판관할권과 소송절차" 언론중재위원회

2 윤종진, "국제재판관할" 청주대학교 대학원 11 : 1994

3 배정한, "국제계약에 있어서 준거법 결정에 관한 연구" 한국무역상무학회 11 : 1998.2

4 MARSHALL判事, "の原告による訴訟 : 第一節：法廷地漁り及び法廷地不便宜" Piper Aircraft Co. v. Reyno rey :

5 "http://www4.kcn.ne.jp/~alexchow/schedule/piper%20vs%20 reyno.htm"

6 "http://www4.kcn.ne.jp/~alexchow /schedule /piper%20vs%20reyno.htm"

7 "http://www.or=#000000>pac.or.kr/webzine/23_summer/contents/sub_1_03.html"

8 "http://www.legalreformnow.com/index.php?src=gendocs&link=Global _Forum_Shopping&category=Issues"

9 App, "The Doctrine of Forum Non Conveniens in Anglo-American Law" 29-27297, 1929

10 "Forum of International Development Studies" Aug.2003

11 施文華, "Forum Non Conveniens"

12 2002 LC Case Summaries, "First Union National Bank v. Arab African International Bank" Arab African International Bank 2002

13 John, Bourdeau, "Federal Civil Procedure § 554" 2005

14 Laughlin, "7B Mckinney's Consolidated Laws of New York C 301 to 500" -495, 1990