승인된 외국재판의 기판력의 범위를 결정하는 준거법

This article discusses which country’s law shall determine the scope of the effects of the recognized foreign judgments. The purpose of recognition of foreign judgments is to secure rights of parties to foreign judgments and securing parties’ rights means recognizing legal relationships finally confirmed by the foreign judgments in Korea. That legal relationships are finally confirmed by judgments means the judgements have preclusion effects and, hence, recognition of foreign judgments means recognition of preclusion effects of foreign judgments. Since preclusion effects of foreign judgments are given in accordance with the law of the state of origin(lex fori) it leads to a conclusion that lex fori determines the effects of foreign judgments. However, if preclusion effects given by lex fori is against public policy or parties’ right to participate in legal proceedings such preclusion effects shall not be recognized by Korean courts. In addition, the law of the country which recognizes foreign judgments or the law of the country which enforces foreign judgments could apply due to the principle of forum regit processum.