현행법에 따른 국제적 소송경합의 처리

Although there is no provision regulating lis pendens in international litigation, it is necessary to regulate it through interpretation of existing laws when considering problems that can be caused by lis pendens. Nevertheless, we have to abstain from broad interpretation only with necessity of regulation and basic doctrines of Civil Procedure Law because it could result in de facto legislation. As international civil procedure law is supplemented by way of considering doctrines of Civil Procedure Law and peculiarities of international litigation based on Civil Procedure Law, lis pendens needs to be supplemented by way of considering doctrines of Civil Procedure Law and peculiarities of international litigation based on the doctrine of lis pendens provided in Article 259 of the Civil Procedure Law. Korean law as lex fori shall apply for the purpose of such a supplementation under the doctrine of forum regit processum, but there are some issues such as the scope of les judicata and the time when a court is deemed to be seised to which law of the country where the judgment court is situated shall apply.