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

1.修订后的《韩国冲突法》对管辖权作了一般性规定，这一规定明显受到美国最低限度接触原则和合理性原则的影响。但是，正如在对海牙公约草案的讨论中所阐明的那样，国际文书中关于管辖权的规定应当有明确的标准。2.文件送达合作是本研究项目开始时迫切而重要的问题，但在本项目开始后，由于韩国加入了海牙送达公约，有关文件送达的主要问题已经解决。3.加强两国在境外取证方面的合作，尤其是在对外国人的法律的协助方面，对两国都是有益的，也是值得期待的。侦查请求权是我国两大民事诉讼法体系所特有的.在判决承认和执行方面的合作，两国之间不存在法院判决难以负担的问题。预计将简化执行程序，并将承认的对象扩大到临时命令和调解。5.知识产权纠纷的国际仲裁制度的发展是人们最期待的，因为它可以成为摆脱知识产权地域性的国际纠纷解决工具。

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.