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A Thesis on the Service in Civil Procedures

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2013, 1(2), pp.7-30
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Chang, Hyun-Oak 1

1용인송담대학교

ABSTRACT

The service in civil procedures is very important procedurally enough to be called the beginning and the end of the lawsuit. That is because in the case of working the service of litigation documents well, a fair, fast, and cost-effective action is realized and the remedies for infringement of the rights of the parties is to guarantee. But there are many cases that the service of documents is impossible, by one party’s refusing to receive the documents for the purpose of litigation delay or interference with the exercise of rights of the other party In that case the service is carried out once or twice more in practice. Nevertheless, if the delivery of these services is also disabled, then the service by publication is done. But in this case carrying out the service by publication does not fit the legal requirements, in addition to the method of the service by publication, in fact, there is no other measures. In this thesis, firstly I investigated the various methods of the service allowed in the current law and the effect of the service, and then pointed out the problem that there is no other measures in addition to the method of the service by publication in the case of inability to service, especially by the party’s refusing to receive the documents on purpose. Finally I would like to propose some advisable measures about the problem, the revision of the act and the positive attitude of the courts for instance.

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