민사소송에 있어서 사실인정의 판단구조

This thesis is based on the verdict structure of fact-finding in civil procedure. A trial is a legal process where a department of justice will recognize the detailed facts and apply regulations in order to draw a conclusion. Although the detailed facts may be recognized, the ability to choose between trial by jury and trial by judge alone in some jurisdictions presupposes a rational basis for exercising the choice.As a result, the judgement can be an invalid one, despite the judge's effort to interpret and apply the accurate regulations if thepreconditions of these facts are not clearly understood. In this sense, fact-finding is a crucial factor in forming the basis for civil suit. However, the Civil Procedure Code in Korea stipulates that the decision of fact-finding is depends upon the case's judiciary(Civil Procedure Code Article 202) and no clear evaluation method for detailed fact-finding is given. In additionm, there is hardly any evaluation training provided in the legal education. Therefore, this paper examines the meaning of fact-finding, subject fact and the fundamental structure of fact-finding as a way to systematize the structure of decision-making for judicial fact-finding. It will also attempt to explore the fact-finding obtained from evidence andratification made by collateral fact; which is derived from indirect evidence. This thesis will make a contribution in preventing any kind of irrationality that can hinder the fact-finding process and in supporting the judiciary to make rather fair and rational decisions by systematizing the structure of decision-making for fact-finding. In addition, this paper will help graduate students in law schools who have to study legal theory and practical learning in parallel.