국제사법 제2조 및 자연인, 법인의 국제재판 일반관할 조항의 개정방향 - 일반원칙 및 자연인, 법인의 일반관할

Article 2 of the Private International Act of Korea provides that the international jurisdiction shall be determined by the standard of “substantial relations” with the party or the action, and it has been discussed that the predictability of the international jurisdiction should be raised by implementing more specific and clearer international jurisdiction clauses. This article presents that the Article 2 should also be amended if such specific clauses are added in the Act. Based on the comparative review of general principles of jurisdiction of various countries and international treaties, it considers whether it would be appropriate to maintain the general principle clauses of the Article 2, and what factors should be taken into consideration in amending the Article. It then reviews the general jurisdiction of a natural person. With the comparative study, it analyses the pros and cons of the habitual residence and the address, and presents that the habitual residence is more suitable as a natural person's connecting factor. Finally, it proposes to adopt multiple standards as the jurisdictional connecting factor of a legal entity, i.e., statutory seat, place under the law of which the formation took place, place of central administration and principal place of business, with the analyzation of merits and demerits of adopting multiple standards. In addition, it argues that the address of the representative an the place of branch are not generally acceptable jurisdictional connecting factors of a legal entity.