적정하면서 충실한 심리를 위한 민사 제1심 강화 방안

초록

In regard to the levels within the court system (instances) comprising courts of first instance, first appeal, and final appeal as well as the functions of each instance, approaches to improve them (e.g. establishment or operation of first appeal as ex post facto review and adoption of the proposed final appeal permission system or final appeal system) are being suggested from diverse perspectives. It is generally agreed that enhancement of first instance proceedings (furtherance of a factual finding if an improvement in final appeal is sought) is important, as a precondition, in a discussion about how to introduce a better instance structure. Against this backdrop, this study examines the trend of German and Japanese law regarding strengthening of first instance proceedings and then puts forward several suggestions for adequate and complete deliberation including improved first instance proceedings. It explores various ways towards that end, such as proactive utilization of the single judge system, reinforcement of the right of elucidation, improvement of case management and evidence law, and reinvigoration of the ADR (Alternative Dispute Resolution) scheme.

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