2022년 개정 국제사법상 부적절한 법정지의 법리의 기준 설정

In January 2022, Private International Law Act was amended to introduce forum non conveniens began in Scotland and developed in the United States. This jurisprudence stemed from the first case in the United States, the Gulf Oil case of 1947 and the Piper Aircraft case of 1981. In these precedents, the U.S. courts suggested factors such as the existence of an alternative forum and the public interest factors and the private interest factors to apply the forum non conveniens. As this is the first legal principle introduced into Korean legal system, it is necessary to refer to the attitudes of the U.S. courts, etc. Accordingly, this study focused on the history and meaning of the forum non conveniens, the attitudes of judicial precedents in the forum non conveniens formed in the United States, factors to consider in this legal principles, some incidental issues of the forum non conveniens, and the setting of standards for the forum non conveniens in amended Private International Law Act. As time goes by, precedents that apply the forum non convenience will be created. The requirements for dismissal based on the forum non conveniens include the international jurisdiction of an original forum, the existence of an alternative forum, the choice of a better court considering the public and private interest factors, and incidentally, the defendant's proof of the dismissal requirements, and the possibility of relief in the alternative forum, the issue of attaching conditions are discussed. The issue of distinguishing the plaintiff from foreign nationality and domestic nationality shall be reviewed in respect of the plaintiff's choice of forum, but Korean courts should try to find the most appropriate forum by taking a party-neutral approach, rather than maintaining a unilateral domestic plaintiff-friendly attitude.