민사재판권 면제자와 그 소송상 취급

Those who enjoy immunities from civil Jurisdiction include foreign statesand their organs, head of foreign states and his entourage, diplomatic agentsand consul, foreign forces(UN and the US army, and international organizationsin Korea. As their numbers increase and their period of residence expandin Korea, concerns to cause possible legal disputes with own nationals areraised. Their immunities meanwhile may have locked them to get accessto court in disputes and have functioned as barriers to execution procedure. Hence, in order to protect nationals from abuse of their immunities, it isnecessary to do research on immunities, specifically their legal basis,requirements, scope, begin and end, waive of their immunities and alsoon how foreign immunities were treated in civil procedure and executionin Korea. This study reveals that there exist much vagueness and unclearnessin the issues regarding to the immunity. It is due to the fact that the theoriesof immunity in the beginning had been developed by customary internationallaw and then were provided by international conventions or recognizedthrough judicial precedents. It is therefore needed to enact a statute to regulatetheir immunities precisely and clearly as soon as possible since they havesignificant effects on the legal status of Korea nationals.