판결의 편면적 대세효와 필수적 공동소송 - 대법원 2021. 7. 22. 선고 2020다284977 전원합의체 판결 -
The One-sided Effect to the Third Party of an Judgment and the Indispensable Co-litigation
강구욱(한국외국어대학교)
26권 2호, 187~219쪽
초록
In this paper, I examined whether co-litigation, such as administrative litigation, household litigation, and company-related litigation applied or applied mutatis mutandis to the text of Article 190 of the Commercial Act, constitutes a (similar) indispensable co-litigation, and drew a conclusion to disagree with it. In addition, I considered the issue of “the status of an indispensable co-litigant, not appealed or not been filed an appeal by the counter party in the procedure of appeal” which is one of the old points of controversy over indispensable co-litigation, and presented my opinion. The essence of my opinion is that if the provisions of Article 67 (1) and (2) of the Civil Procedure Act are interpreted and applied as they are, such co-litigants acquire the status of the appellant or the appellee, so they can make all necessary arguments in the proceedings of the Court of Appeal.
Abstract
In this paper, I examined whether co-litigation, such as administrative litigation, household litigation, and company-related litigation applied or applied mutatis mutandis to the text of Article 190 of the Commercial Act, constitutes a (similar) indispensable co-litigation, and drew a conclusion to disagree with it. In addition, I considered the issue of “the status of an indispensable co-litigant, not appealed or not been filed an appeal by the counter party in the procedure of appeal” which is one of the old points of controversy over indispensable co-litigation, and presented my opinion. The essence of my opinion is that if the provisions of Article 67 (1) and (2) of the Civil Procedure Act are interpreted and applied as they are, such co-litigants acquire the status of the appellant or the appellee, so they can make all necessary arguments in the proceedings of the Court of Appeal.
- 발행기관:
- 한국민사소송법학회
- 분류:
- 법학