재판상 화해 간주 효력의 기판력과 그 범위– 대법원 2015. 1. 22. 선고, 2012다204365 전원합의체 판결을 중심으로 –

Abstract

When a court settlement is entered in the protocol of trial or that of the preparatory date for trial, such protocol shall have the same effect as a final and conclusive judgment(Civil Procedure Act § 220). This effect of court settlement regarded as res judicata effect of judgement by the Supreme Court precedent, because according to Article 461 of the Civil Procedure Act a petition against a court settlement is allowed only by a quasi-retrial. According to Article 18(2) of the Act on the Honor Restoration of and Compensation to Persons related to Democratization Movements, if an applicant approves the compensation committee’s determination of the payment of compensation, a court settlement under the Civil Procedure Act is deemed issued concerning damage suffered in relation to democratization movements. The Supreme Court ruled that a democratization movement-related person who approved the compensation committee’s determination for compensation money may not file a lawsuit for consolation money for wrongful imprisonment discovered by the criminal court retrial, which is recommended by the of historical settlement committee, because the res judicata effect of court settlement preclude the lawsuit for that consolation money. This article focuses on this supreme court case regarding the limits of res judicata effect of court settlement concerning compensation money.