유럽연합소액소송절차에 관한 연구

The European Community has set itself the objective of maintaining anddeveloping an area of freedom, security and justice in which the free movementof persons is ensured. For the gradual establishment of such an area, theCommunity is to adopt, inter alia, measures in the field of judicial cooperationin civil matters having cross-border implications needed for the properfunctioning of the internal market. According to Article 65(c) of the Treaty, those measures are to includethose eliminating obstacles to the good functioning of civil proceedings, ifnecessary by promoting the compatibility of the rules on civil procedureapplicable in the Member States. This Regulation establishes a European procedure for small claims intendedto simplify and speed up litigation concerning small claims in cross-bordercases, and to reduce costs. The European Small Claims Procedure is be available to litigants as analternative to the procedures existing under the laws of the Member States. This Regulation also eliminates the intermediate proceedings necessaryto enable recognition and enforcement, in other Member States, of judgmentsgiven in one Member State in the European Small Claims Procedure. The European Small Claims Procedure is a written procedure. A judgment given in a Member State in the European Small Claims Procedureis recognised and enforced in another Member State without the need for a declaration of enforce-ability and without any possibility of opposing itsrecognition. The court or tribunal may hold an oral hearing through video conferenceor other communication technology if the technical means are available. It may also admit the taking of evidence through video conference orother communication technology if the technical means are available. This article compared European Small Claims Procedure with Korean SmallClaims Procedure and (along with) proposed improvements. For promoting judicial cooperation in Far East Asian countries such asKorea, China and Japan, European Small Claims Procedure may be consideredto be a good model. To satisfy further revisional needs for European Small Claims Procedure,COM/2013/0794 has been submitted. Continued research is needed.