민사소송절차에서 실체법과 절차법의 교착(交錯)에 관한 연구

At present, in the field of civil litigation proceedings, substantive law and procedural law are operating while playing the roles of being in charge of each other. In these fields, both parties are in no position superior to each other, but they are in equal positions. Therefore, instead of sticking only to the dependency of procedural law such as substantive law, admitting the interdependence of both, “The former norm is not existing without the latter norm and the latter norm is not exsiting without the former norm”. Based on this idea, both parties should be used in the civil litigation procedure with mutual dependence among other functions, and in the civil litigation procedure, the desirable dispute should be obtained through the useful utilization of the former and the latter. I have emphasized that substantive law and procedural law must be used effectively as tools to guide the conclusion of resolution, and must be effectively used for dispute resolution. Again, the thesis was created to argue that it would be an interdependent education rather than an independent education such as procedural law or such as substantive law in legal education.