민사소송에서의 신속한 재판을 받을 권리의 보장

The judicial system of Korea has achieved its efficiency, as demonstrated by the recently published policy note of Organization for Economic Co-operation and Development(OECD): Korea is ranked as the 7th fastest country among 34 OECD countries. The efficiency of the judicial system of Korea is followed by its endless efforts to improve its efficiency, which is also supported by the OECD analysis toward the efficiency of the proceedings. Nevertheless, an individual prospective of violating the right to speedy trial does not receive enough concerns what it should deserve: Despite Article 27 Section 3 of the Constitution of Korea stipulates the right to speedy trial in civil procedure as well as criminal procedure, unlike the International covenant on civil and political rights or the Constitution of the United States, and any possibility of delays in trials may happen even under an efficient system, a case declaring the violation of the right to a speedy trial in civil procedure is not found in Korea. Even a standard or consideration for the right to speedy trial in civil procedure is hardly discussed. For the full protection of the right to speedy trial from the perspective of systematic efficiency of the judicial system as well as the perspective of an individual case, the standard or considerations on the constitutionality of the right to speedy trial should be profoundly discussed, reflecting the judicial system of Korea.