1908년 <민사소송법안>의 성립과 그 성격

초록

Japanese civil proceedural laws had been adopted in Korean legal system before the implementation of the current counterparts. Until 1912, the “Civil and Criminal Procedure Act”(民刑訴訟規則) established in the 13th of July in 1908 were applied, and they were acknowledged as the establishments of modern civil proceeding system. In the same year of their announcements,the “Bills of Civil Procedure Code”(民事訴訟法案) were made by the famous Japanese scholar Dr. Kenjiro Ume(梅謙次郞), which was not implemented. The Bills of Civil Procedure Code should be investigated to establish the history of Korean civil proceeding laws. Furthermore the study on this bills can be a stepping stone to the new understanding of Japan's role on Korean legal system. Past studies shows that the bills are composed of two thing. The original one was made and then some items of it were deleted later. Furthermore the Civil and Criminal Procedure Act was also written by Dr. Ume. This essay shows, however, that it was not the authorship of Ume as opposed to the general opinion and the appearance of the Act and the Bills might reveal the different opinions around the codification in early 20C Korea, and that the Bill written later was the improvement of the earlier version.

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