구로분배농지 민사재심 사건에 관한 몇 가지 쟁점 = Some Issues on the Case of Civil Retrial of Guro Distributed Farmland

다국어 초록 (Multilingual Abstract)

The "Guro Distributed Farmland Incident" refers to a dispute between the state and farmers who were deprived of farmland in 1961 when the state forcibly accommodated about 300,000 pyeong of land in the area to create the Guro Industrial Complex in Guro-dong, Seoul. At that time, the farmers filed a complaint and won the case, claiming that the land was legally distributed under the relevant laws. However, when the above decision was finalized, the prosecution investigated the officials who testified in favor of the farmers and farmers who claimed ownership of the land and wrote documents that matched the farmers' claims, and found them guilty of fraud and perjury against them. Based on this investigation, the state sought a civil retrial of the above decision and won the case, taking back ownership of the above land. However, it was not until July 2008 that the Truth and Reconciliation Commission decided to investigate the truth to the effect that the investigative agency had illegally arrested the farmers and others, abused them and forced them to confess. As a result, a series of civil and criminal retrial requests were filed by the bereaved families of the victims, and the Supreme Court ruled in favor of the victims in civil retrial and compensation cases. In the case of civil retrial, in particular, the Supreme Court compared and sentenced the need to correct defects and deemed the former superior to the latter, and widely utilized the retrial system to remedy the rights of the people. Although unfortunate history such as the Guro-distributed farmland incident should not be repeated in the future, it is believed that this incident has created a means of abundant discussion regarding the retrial system, which seems to have not been conducted in depth. Through the various rulings introduced earlier, it is hoped that more active discussions and research on issues that have not been addressed in the retrial section will be made.

다국어 초록 (Multilingual Abstract)

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참고문헌 (Reference)

• 1 "주석 민사소송법(Ⅶ)" 한국사법행정학회 2004
• 2 강태원, "재심청구와 통상의 민사상 청구의 병합" 한국민사소송법학회 17 (17): 231-257, 2013
• 3 정영환, "신민사소송법" 세창출판사 2009
• 4 강현중, "민사소송법강의" 박영사 2013
• 5 "민사소송법 개정내용 해설" 법원행정처 2002
• 6 호문혁, "민사소송법" 법문사 2014
• 7 김홍엽, "민사소송법" 박영사 2016
• 8 김홍규, "민사소송법" 삼영사 2010
• 9 김경욱, "민사소송법" 법문사 2017
• 10 이시윤, "민사소송법" 박영사 2017
• 11 한충수, "민사소송법" 박영사 2018
• 12 피정현, "再審訴訟의 訴訟構造" 한국비교사법학회 11 (11): 599-626, 2004