민사소액재판의 개선 방안에 관한 연구 = Research on Improvement Measures for Small Claims Procedure in Korea

다국어 초록 (Multilingual Abstract)

Since the Trial of Small Claims Act was enacted in 1973, which aimed to deal with civil disputes promptly involving relatively small amounts of money through simple procedures, small claims cases have become the largest portion of civil cases brought to court. Because small claims cases generally address legal issues and problems faced by ordinary citizens, many people's overall impression of and trust in the judiciary are formed by the small claims procedure.
Acknowledging the importance of small claims procedure, this research identifies problems in Korea's current small claims system and examines whether or not the procedure established by the Trial of Small Claims Act has achieved its legislative intent and the parties have been satisfied with the procedure. This research ultimately aims to offer suggestions for an improved system of small claims that could better meet the goal of enhancing public trust and confidence in the litigation process.
In order to provide recommendations for improvement, this research conducts a comparative legal analysis of small claims systems among different countries including the United States, the United Kingdom(England and Wales), Canada, France, Germany, Japan, and China. This analysis may shed light on how Korea could improve its own small claims procedure.
This research also identifies the current state of small claims procedure in Korea based on a review of Korea's annual judiciary reports and actual attendance at small claims trials. In addition, this research analyzes the results of surveys of litigants in small claims lawsuits, their representatives, and judges who hear small claims cases. This research reflects their thoughts on the current small claims procedure and their suggestions for improvement.
Based on the above analysis, this research offers recommendations for improvement of the small claims system and the respective processes at each stage of the trial: commencement of proceedings, hearing, decision making and post judgment. Furthermore, this research offers a long-term improvement plan.
While the small claims procedure favors judicial economy and efficiency, the court must not overlook the importance of fairness in trials and the rights of litigants. Considering that the Supreme Court of Korea has also been pursuing the Trial Reform Project to ensure fairness in court, striking a balance between effectiveness and fairness cannot be overemphasized. The court should also pay more attention to enhancing public access to justice, thereby enabling people to more effectively deal with issues arising in small claims.
Hopefully, this research would contribute to the growing discussion on the small claims procedure in Korea, and thereby lead to meaningful improvements that effectively help every citizen enjoy the right to a fair and speedy trial in small claims lawsuits.