국제적 소송경합에 관한 입법적 제안

This article discussed legislative proposal in terms of parallel proceedings in international litigation. The summary of the proposal is as follows: first, the Korean court second seised shall suspend of its own motion or on the application of one of the parties its proceedings. However, the court shall continue its proceedings provided the claim filed to the Korean court has its own interests to be protected. Secondly whether cause of actions and parties in the both proceedings are same shall be decided by way of comparing the scopes of res judicata under both foreign law and Korean law. thirdly the time when a court shall be deemed to be seised is the time when the documents instituting the proceedings are served on the defendants. fourthly, the court shall continue its proceedings when foreign judgments that may not be recognised in Korea are provided to the court or when the foreign courts either suspend or dismiss its own proceedings. Fifthly the court may continue its proceedings when it appears to the court that the proceedings in the foreign court are unlikely to be concluded within a reasonable time. Sixthly the court shall dismiss the proceedings if the proceedings in the foreign court are concluded and have resulted in a judgment capable of recognition in accordance with Korean law or international treaty.