미국의 소송이송 간주제도(Removal)

초록

Comparative civil procedure scholars often encounter foreign civil procedure different from their own. To understand and translate terminology of the foreign civil procedure have been challenges. For such work, analyzing functions and roles of the specific procedure is crucial. ‘Removal’ in U.S. civil procedure is one example of such foreign procedure. This article examines procedural aspects of the removal. Part II of this article reviews concept, definition, and grounds of removal by comparing it with transfer and remand that have similar functions. Part III examines i) party-related requirements of removal; ii) claim-related requirements; and iii) timing of filing notice of removal. Part IV looks into the procedure of removal with more details; and Part V describes effects of removal. In Part VI, based on functions and roles of removal in U.S. civil procedure, this article provides suggestions for Korean civil procedure with regard to enhancing defendants’ defenses in choice of jurisdiction. Such recommendations include i) recognition of the parties’ right to move for transfer when the litigation is filed at a court that does not have a jurisdiction; and ii) ways to use transfer of civil litigations more actively in intellectual property cases. This article provides an opportunity to contemplate on what to learn from foreign civil procedure to improve Korean counterpart.

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