민사판결의 무효가 문제되는 몇 가지 사례에 관한 검토 = Study on Several Cases related to the Nullity of the Civil Judgment

다국어 초록 (Multilingual Abstract)

Since the nullity of the judgment is not a concept or term stipulated in the Civil Procedure Act or other statutes, its acceptance, specific criteria and detailed contents, and whether or not and scope of remedy are all left to an interpretation. In civil proceedings where the principle is to correct defects or violations of the judgment by appeals before the judgment is finalized, and by retrial after the judgment is finalized, both academic theories and court precedents exceptionally recognize the nullity of the judgment when there is a serious defect in the judgment of the court. Although consensus in that regard, opinions are divided on the scope of nullifying grounds and remedies in individual cases at issue.
As a type of judgment with fault, this paper recognizes the nullity of the judgment in distinction from the non-existence of the judgment. The judgment to be nullified should be limited to one that cannot be viewed or is difficult to regarded as a judicial judgment on civil disputes due to its gross defect. For example, the judgment for/against non-existent party, the judgment for/against extraterritorial party not subject to domestic civil jurisdiction, and the judgment rendered in the absence or extinction of a litigated situation. Finally, appeals are allowed for the nullity of judgment to correct the defect in that judgment, but retrial is not.