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A few thoughts on the change in response to expanding the scope of small claims

  • DONG-A LAW REVIEW
  • 2018, (78), pp.243-274
  • DOI : 10.31839/DALR.2018.02.78.243
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 3, 2018
  • Accepted : February 27, 2018
  • Published : February 28, 2018

KIM DO HOON 1

1덕성여자대학교

Accredited

ABSTRACT

Due to the amendment of the rules of Small Claims, the threshold amount for small claims has been significantly raised from 20 million won to 30 million won. This expansion of the scope of small claims has problems with necessity and appropriateness. Even when compared with the amount before the amendment, the range is broader than the foreign legislation and small cases account for 70% of civil cases. Therefore, it is difficult to recognize the necessity of expanding the scope. Even if it recognizes the need for social change, the limitation of the rights of the parties is not complemented by the fact that the standard amount is raised uniformly without supplementing or changing the additional system. Therefore, it is difficult to recognize the appropriateness of expanding the scope. If the scope of small claims is defined as ‘uniform’ according to ‘amount’, the appropriate amount is 10 million won. However, it is reasonable to improve the system through complementary measures, considering that it is also possible to cause unnecessary confusion by reducing the already enlarged standards uniformly, and that the diversity of standards and securing the appropriateness can be ensured through further supplementation. If the scope of small claims is defined as ‘uniform’ according to ‘amount’, it is reasonable to prescribe it as law, but it may be reasonable to set as Supreme Court rules when securing diversity to supplement system. And the key factor for securing the appropriateness is the reflection of the selective factor, and various changes can be attempted by adding the classification by the amount and the event. This kind of supplementation can solve various problems due to the enlargement of the scope. And changes in the scope of small claims may lead to a variety of additional problems. Therefore, it is not desirable to change the system unilaterally and to complement the problems that arise afterwards. It is reasonable to take a pilot project in a specific court for a certain period of time based on established standards, and to adopt a way to set up problems and alternatives and expand them. That is, it can reduce the impact of change.

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