미국의 법정조언자 제도에 관한 연구 -구체적인 소송절차 및 우리나라에의 시사점을 중심으로-

Amicus curiae is a non party to a lawsuit who provides relevant information or advice to the court. In the United States, the amicus practice is prevalent in the Supreme Court, and the number of amicus brief has increased highly especially in the late 20 century. The amicus is regarded as a useful vehicle to supply legal opinions that the parties may have overlooked, or particular expertise on an issue or broader policy issues. In the Supreme Court of Korea, modelling the U.S. system, in 2002, a system where amicus could give opinion during a Supreme Court hearing was adopted, and in 2015, a system which enables the Supreme Court to accept amicus brief in any Supreme Court case was also introduced. While the former has been utilized quite often recently, the latter is seldom used. Amicus curiae system can overcome the shortcomings of the adversarial system, and provide an official and transparent window through which court can hear various perspectives of the society about the case. On the other hand, it should be kept in mind that amicus curiae is a third party, and therefore in order to express an opinion about the case, there must be a clear rule and guideline about the requirement and procedure under which amicus to participate. Also, an amicus must disclose his/her relationship with the party and whether he/she has received any financial assistance from the party or anyone else. In order for the amicus curiae system in the Supreme Court of Korea to be effective and helpful, the provision should be amended more specifically and clearly to set out the requirements and procedures.