보조참가인의 독립적 변론의 한계에 관한 연구

To defend an own profit by making the assistance of the third party who has the interest for the result of the lawsuit while continuing the lawsuit of supplementary participation. one of the person concerned and winning the case of it, a supplementary intervenor is good at all the lawsuit acts that the intervenor can do in principle for the intervenor's assistance of winning the case under assumption of speaking should participation (CIVIL PROCEDURE ACT Article 71) in the lawsuit, and the same effect is generated in the intervenor, and such a procedural act says that it becomes independent or it is original from the person concerned such supplementary intervenor's position. However, it is not other supplementary intervenors the lawsuit begins for the decision to the claim in the lawsuit on the other hand that it is a person concerned alone to the last that receives the decision to the claim that excludes the trial of the litigation cost load as a person concerned. Therefore, even if supplementary intervenor's intervenor is good at the interruption reason with the witness and the judge ability as a third party, the proceeding is not interrupted. Such a position is called a subordinate of the supplementary intervenor position. A supplementary intervenor will have the procedure and basic a right to apply to the person concerned in such a meaning in taking part in the lawsuit with an original lawsuit accomplishment right that doesn't originate in the intervenor though independence in the lawsuit accomplishment of a supplementary intervenor to such both sides also has the opinion expected to be going to be admitted only within the subordinate range of the limitation. It was examined for new opinions to be insisted to the problem of harmony of person concerned and the participation profit for a certain respect's having an excellent position when there was a collision from such both sides. I will make the proposal that it is necessary to solve the necessity of enhancing or strengthening in legislation cannot do the lawsuit act of which the intervenor oneself at least loses a suit by the lawsuit when a supplementary intervenor accomplishes the role and as a substantial person concerned, and make the range of an original debate of the intervenor within such the range.