실태를 통한 본인소송에 관한 연구

초록

In civil litigation, the parties are allowed to conduct their own litigation without a lawyer, and the proportion of self-represented(pro se) litigant is quite high according to judicial statistics. In this article, I looked at the actual conditions of foreign countries, such as statistics related to pro se litigation, and identified basic conditions such as the current status of pro se litigation in Korea. In addition, the following proposal was made on the premise of essential response to pro se litigation. In the case of attorney fees, which is an obstacle to access to justices, the improvement and expansion of the legal aid system and the provision of attorney information for attorney selection should be considered. In considering whether to adopt compulsory lawyering, a clear and adequate system of attorney fees should be considered, as well as the predictability of attorney fees in terms of information provision. In the case of the need for pro se litigation support, an environment that is easy to receive support, such as a pro se litigation support center, should be established. In the dispute resolution process, it is necessary to establish an IT procedure using AI (artificial intelligence) in the future. It is necessary to continue to investigate and study in detail the proportion of pro se litigation, the reasons and motivations for pro se litigation without lawyers, as well as the operational problems in pro se litigation and the impact on the outcome of litigation.

키워드