Research on the legal framework for the judicial assistance in the fields of the civil law between Japan and Korea

点击翻译按钮获取中文摘要

1. Revised Korean Code of conflict of laws contains the general provision on the jurisdiction which is remarkably influenced by the U.S. principle of minimum contacts and reasonableness. But, as clarified in the discussion on Hague Draft Convention, the provisions of the jurisdiction in the international instruments should be constructed with the clear criteria. 2. Cooperation for the service of documents was the urgent and important problem at the beginning of this research project, but after the start of this project, as Korea has joined the Hague Service Convention, the main problems, concerning with the service of documents have resolved. 3. Promoting the cooperation for taking evidence abroad is mostly beneficial and expect worth for the two countries, especially the legal assistance for the. request of investigation which is known only in our two civil procedure law systems.4. As for the cooperation for the recognition and enforcement of judgments, no difficult burden exists between two countries with the court judgments. Simplification of the enforcement proceeding and widening the objects of recognition to the provisional orders and the mediation are expected. 5. Development of the international arbitration system for the disputes on the intellectual property rights is most expected, as the international disputes resolution instruments which could be free from the territorialism of these rights.