헤이그 재판협약과 민사소송법 개정 논의의 필요성- 관할규정의 현대화 및 국제화를 지향하며 -

초록

At the Hague Conference on July 2. 2019. the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters(hereafter called Judgment Convention) was adopted, and the Final Act was signed. This is a new version of the 1971 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, which came into force in 1971. If the Judgment Convention takes effect in Korea, there will be some aspects that correspond to the indirect jurisdiction of the Korean Civil Procedure Act(KCPA) and the Korean Civil Execution Act(KCEA), but there will also be a conflicting phase. It is also possible to consider implementation legislation for the Judgment Convention, but it is more desirable to amend the relevant provisions of the KCPA and KCEA at this opportunity. In particular, the Judgment Convention does not prohibit the recognition and enforcement of foreign judgments pursuant to domestic laws and other treaties, subject to the exclusive jurisdiction set out in Article 6 of the Judgment Convention in order to facilitate the distribution of judgments. Furthermore, we may declare that we will not apply the relevant regulations of the Judgment Convention, if necessary. Therefore, we will be able to maintain the basic lines of the domestic civil procedure law and civil execution law. Meanwhile, it is necessary to review the Judgment Convention in order to globalize indirect domestic regulations and reflect them in the relevant legal regulations. It is also necessary to modernize the domestic territorial jurisdiction regulations under the KCPA, which have not changed significantly since the enactment of the KCPA in 1960. This is because, unless the regulations for territorial jurisdiction under the KCPA are modernized, the basis for containing regulations related to international jurisdiction at an international level cannot be achieved. In the end, it is judged that the Judgment Convention not only provides a good opportunity to internationalize indirect jurisdiction regulations under the KCPA, but also provides a good opportunity to prepare detailed direct jurisdiction regulations. Therefore, research and discussion on this is desperately needed. We urge the establishment of the Civil Procedure Act Revision Committee as soon as possible.

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