민사소송에서 바라본 진실 개념 - 법철학의 관점을 겸하여 –

This subject deals with a truth concept which we seek for in civil procedure. Notwithstanding a truth concept should never be missed out in civil procedure, it seems that civil procedure scholars take no interest in it. This attitude is in stark contrast to criminal procedure scholars having many experiences in this field. In this critical mind, we will critically analyze into a truth concept which we seek for in civil procedure, by invoking results of criminal procedure’s area and standpoint of philosophy of law. This essay criticizes the concept of ‘formal truth’ which regards as a traditional truth concept in civil procedure and the concept of ‘material truth’ which regards as a traditional truth concept in criminal procedure from the theoretical and practical point of view. Instead of it, this essay suggests a truth concept as ‘a procedure truth concept’ that should be pursued in civil procedure. And this essay suggests that we can pursue ‘a procedure truth concept’ in current civil procedure’s area, though it used in a limited area.