예비적 공동소송에서의 화해권고결정에 대한 일부공동소송인의 이의 - 대법원 2015. 3. 20. 선고 2014다75202 판결 -

Supreme Court Decision 2006Da57872(decided on July 10, 2008) deals with the case in which only one of the conjunctive parties filed the objection against the court's ruling of mediation. The Supreme Court decided that when the court made the ruling of mediation in a conjunctive and alternative joinder's mediation procedure, and a party didn't file an objection against the court's ruling, in principle, the ruling can be settled seperately between the parties who didn't make the objection. Supreme Court Decision 2014Da75202(decided on March 20, 2015) is dealing with that issue in a ruling of recommending a compromise. The Court decided that the reasoning above in the ruling of mediation should be applied to a ruling of recommending a compromise. But I cannot assent to the reasoning of the decision. My argument is that even though only one of the parties files an objection against the ruling of mediation or the ruling of recommending a compromise, the ruling becomes invalid and the case should be shifted to the litigation procedure(according to Civil Procedure Act article 70 paragraph ① main sentence and article 67, Civil Mediation Act article 36).