임시의 지위를 정하기 위한 가처분의 법적 규율

Abstract

Under the title "Legal regulation on Provisional disposition determining temporary status," this article considers how to regulate this type of provisional disposition generally. First, this article reviews definition and legal nature of provisional disposition determining temporary status. Then, based on court cases, this article examines features of disposition determining temporary status through classifying it intothree categories: 1) Provisional disposition of rights relations (or Provisional disposition for preservation of status); 2) Provisional disposition temporarily establishing pursued status; and 3) Provisional disposition ordering omission. Based on these subtypes, this article attempts to set framework for legal regulation on provisional disposition determining temporary status, from the perspective of maintaining status quo and the perspective of features of dependence, discretion, secrecy, tentativeness, and urgency, which are goals of this type of provisional disposition. Lastly, this article closes explaining standing, effects establishing legal status, effects to general, and absolute effects of provisional disposition determining temporary status through asking issue-spotting questions and answering to them.