소송상 화해의 한일비교 – 통계자료를 중심으로 –

According to recognizing it generally concerning the legal consciousness, it is said that Korean will not resolve a dispute by settlement compared with Japanese. In the reason why such a difference is caused, what are something and the method of losing it? It is a purpose of this study to consider this problem. Korea with a similar civil justice system to Japan shows the great disparity at the use level of settlement. Legal consciousness that doesn't try to compromise is thought as the cause because there is no big difference in the system. However, the cause cannot explain the use level of settlement is low enough. Even if such legal consciousness becomes an answer, it is necessary to devise the method of mending it. Increasing the chance of the negotiation of the party becomes a promotion of settlement. The use level will rise if justice and attorney positively solicits settlement at the chance of such a negotiation. However, such a chance has not been installed enough in civil procedure. Therefore a necessary thing is that justice and attorney positively solicits settlement making the place of the negotiation.