판결의 반사적 효력에 관한 고찰

The approaches denying the reflective effect and expanding the scope of the res judicata effect are considered influential regarding the validity of the reflective effect at the present that the procedural law theory stays dominant about the essence of the res judicata. However, in cases which third parties are in dependent relationship with the parties in terms of substantive law, the reflective effect is considered effective in the light of the need for the coherent settlement of the related conflicts as well as the resolution of the conflict, which is the goal of civil litigation, under the premise of determination on the merits and impartiality. Although the case law does not expressly stipulate the effect of the reflective effect, there are cases as presented in the provided text in which the reflective effect is readily presumed as premises. I hence admit that it is basically appropriate to accept the validity of the reflective effect under strict conditions.