제3자에 의한 재심의 소에 관한 검토

초록

This study was inspired by Supreme Court Decision 2014Da13044 decided October 29, 2015. The lawsuit was first withdrawn by the trustee in bankruptcy who has taken over the case. Then the intervenor filed a lawsuit for retrial which was later withdrawn again by the trustee in bankruptcy. The situation implies that there’s only so much for an intervenor, as a third party of the lawsuit, in finding a way to solve legal issues by litigation even though he/she has significant legal interest in the result of the lawsuit. The case led to the thought that the third parties also need the opportunity to revoke the judgement in order to protect his/her legal right or interest in cases where he/she might get either direct or indirect impact from the judgement. Specific legal system allowing the third party to file an action for retrial is already enacting in countries such as Taiwan and China. Japan is also taking a close look through the issue for its Civil Procedure Act amendment project. Therefore, this study will search for an useful insight for the current Civil Procedure Act of ours by examining the foreign legal trends around the issue on action for retrial by a third party.

키워드