미국의 약식판결제도에 관한 연구

Abstract

The right to speedy trial in civil litigation is a fundamental right stipulated in the Article 27 Section 3 of the Constitution of Korea. In this respect, the Article 199 of the Korean Civil Procedure Code prescribes that in each instance, judgment shall be rendered within 5 month from its commencement. Yet, Article 199 has long been regard as a directory provision, and especially during the recent years delay in civil cases has become a serious problem. Since 2017, the median time from filing to disposition has increased every year, and what is worse is that the number of prolonged cases pending over 2 years has grown sharply. On the other hand, judges suffer from overwork, and judicial resource is limited. The only way to overcome this difficult situation is by changing the civil litigation system. In order to find a solution to the current problem, this article examines the summary judgment system in the United States. It has several implications for the Korean civil litigation system in terms of more speedy and efficient trial. Summary judgment not only works as a device to avoid frivolous and unnecessary litigation but also functions as a great case management tool which assists the judge in performing her modern role in the administration of justice. It also facilitates settlement even when the motion for summary judgment is denied. This article argues that a similar procedure which enables a speedy and efficient adjudication without a full trial should be adopted in the Korean Civil Procedure Code.