韓國 國際裁判管轄法制의 發展

Although academic teaching of the private international law including jurisdiction has started as eary as 1895 in Korea, legal discussions theron has been stimulated by enactment of the Private International Law Act(“PILA”) in 1962. The provisions of Code of Civil Procedure regarding the venue has, mutatis mutadis, applied to determine the international jurisdcition. It was not until 2001 when the PILA has been totally renovated and certain provisions on international jurisdiction are installed therein. Article 2 of the new PILA declared the “Principle of Substantial Connenction” for deternmination of international jurisdiction. The parties to the litigation and/or the case must have substantial relationship with Korea to rcognize the jurisdiction of Korea. Also, provisions on jurisdiction to protect weaker parties such as consumers and employees were added. In determination of international jurisdiction, the Korean Supreme Court, in hpweb.com case, established certain criteria by requiring the court to consider both the private interest such as fairness, convenience and predicability of the parties and the interest of the court or the nation such as for the just, speedy, efficient and effective judgments. The case law for determination of jurisdiction has been developed theresince but needs to have concrete statutory criteria have grown. The Korean govenrment plans to meet such needs in the near future.