국제적 소송경합과 소송금지명령에 대한 소고

In international litigation, the phenomenon of international lis pendens arises. The way to deal with lis pendens differs between common law and civil law system. The common law system uses the legal principles of anti-suit injunction and forum non conveniences, and the civil law system handles them based on the lis alibi pendends principle. In the case of the European Union, lis alibi pendens is regulated by the Brussels Regulations, where anti-suit injunctions are not allowed in principle, whereas in the case of the United Kingdom, anti-suit injunctions are recognized. Conflicts arise in the treatment of lis pendens in the same European region. On the other hand, a italian torpedo occurred by abusing the Brussels Regulations. The method to prevent damage in the italian torpedo is also in line with the method of dealing with lis pendens. In other words, in the case of the Common law, anti-suit injunction is used, but in the case of civil law, anti-suit injunction is not allowed, therefore in the case of a judgment based on unjust jurisdiction, it shall be resolved by not allowing its recognition and enforcement or by recognizing a claim for compensation for damages caused by an unjust complaint. Article 11 of Korea's revised Private International Law stipulates lis pendens. This is evaluated as a legislation that combines the first-filed rule of lis pendens and the forum non conveniences. In cases where an exclusive jurisdiction agreement exists in the courts of the Republic of Korea, it is necessary to regulate the anti-suit injunction that can prohibit litigation in foreign courts in revised Private International Law. We are need to find the most appropriate jurisdiction by combining the strengths of civil law and common law, and to move toward a flexible direction beyond the strict application of lis alibi pendends principle.