다수당사자의 소송관계 = Litigation Relationship amongst Multiple Parties

다국어 초록 (Multilingual Abstract)

A type of litigation where multiple plaintiffs or defendants (co-litigant) are involved in the same litigation procedure is referred to as joint litigation and the relationship amongst those multiple parties in any joint litigation is referred to as the litigation relationship amongst multiple parties. Joint litigation is widely used because if disputes involving multiple parties are adjudged under one litigation procedure, it will avoid repeated examinations of common issues and permit the settlement of the disputes amongst multiple parties uniformly.
There are several types of joint litigation: general joint litigation (Article 66 of the Civil Procedure Act), mandatory joint litigation (Article 67 of the Civil Procedure Act) and preparatory conditional joint litigation (Article 70 of the Civil Procedure Act).
The general joint litigation (Article 66) refers to a type of joint litigation where several cases whichshould have been adjudged separately or relatively are consolidated into one litigation procedure. Therefore, although it is one litigation procedure, res judicata applies separately to each claim between co-litigants and the other party to such litigation.
The mandatory joint litigation (Article 67) refers to a type of joint litigation where the right(s) or obligation(s) which are the purpose of such litigation are uniformly decided for all of the co-litigants. Therefore, one characteristic of mandatory joint litigation is that res judicata applies to all of the co-litigants uniformly.
The mandatory joint litigation is classified into the joint litigation by compulsory joinder where co-litigants are deemed as actual parties to such joint litigation, and the joint litigation by permissive joinder where co-litigants are not deemed as actual parties to such joint-litigation but res judicata applies to all of such co-litigants once the joint litigation is initiated.
The preparatory conditional joint litigation (Article 70) refers to a type of joint litigation where the judgment applies to all of the co-litigants to the action but each of the co-litigants may voluntarily dismiss the relevant law suit, or waive, accept or settle a claim because res judicata does not apply to all of such co-litigants. This is an intermediate type between the general joint litigation and the mandatory joint litigation.

목차 (Table of Contents)

• Ⅰ. 총설
• Ⅱ. 통상의 공동소송
• Ⅲ. 필수적 공동소송
• Ⅳ. 예비적ㆍ선택적 공동소송
• 【ABSTRACT】