중국⋅대만⋅홍콩⋅마카오에서 각 법역 간 민상사 판결의 상호 승인 및 집행 - 구제충돌법(區際衝突法) 관점에서의 고찰 - = Mutual Recognition and Enforcement of Civil and Commercial Judgments between Different Jurisdictions in China, Taiwan, Hong Kong, and Macau - Consideration from the Point of View of the Inter-regional Law -

다국어 초록 (Multilingual Abstract)

China implemented “one country, two systems” after Hong Kong’s return in 1997 and Macau’s return in 1999, resulting in four distinctive jurisdictions in China (境内), Taiwan, Hong Kong, and Macau all with independent legal systems. If the laws that apply within one country are different depending on the region, a conflict of laws arises, and the resolution cannot be done in the same way as solving problems with pure domestic or foreign elements. The field of law dealing with these issues is called inter-regional conflict of laws. As in the private international law, the issue of inter-regional jurisdiction, choice of law, recognition and enforcement of civil judgments, and judicial assistance are dealt with in the inter-regional conflict of laws.
China’s inter-regional conflict of laws is a conflict between the central and local governments within a country, and each jurisdiction has independent legislative, judicial and judicial powers, and there is no supreme judicial body that can encompass all jurisdictions. The resolution is inevitably more difficult because the legal conflict arises between the socialist legal system (China) and the capitalist legal system (Taiwan, Hong Kong, Macau), and furthermore between the common law and civil law systems (Hong Kong) and Taiwan, Macau. Unlike jurisdictions and governing law fields in China’s inter-regional law, the legal system related to the mutual recognition and enforcement of judgments has been overhauled to some extent. The recognition and enforcement of judgments between the four jurisdictions of China is recognized and enforced differently for each region.
Currently, there is no agreement between the two Koreas on the recognition and enforcement of civil judgments, so even if Article 217 of the Civil Procedure Act is applied by analogy, recognition and enforcement of the North Korean judgment is virtually impossible. In the future, if exchanges with North Korea resume and economic cooperation takes place, the first area to be resolved will be the recognition and enforcement of civil judgments. At this time, you can refer to the discussion on the mutual recognition and enforcement of judgments between each jurisdiction in China.