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KCI 등재
미국 민사소송제도에서 약식판결 (Summary Judgment)의 역할과 변화 -정의, 효율, 그리고 이데올로기-
Summary Judgment in US Civil Litigation and its Change -Efficiency, Justice and Ideology-
변진석 ( Jin Suk Byun )
일감법학 27권 409-442(34pages)
UCI I410-ECN-0102-2014-300-001707606

This paper attempts to analyze Rule 56 Summary Judgment of Federal Rules of Civil Procedure in terms of the change and development of purpose and operation over the entire history of the rule. The rule has two conflicting nature. One is the pursuit of efficiency and the other is, as a result of the first nature, the possibility of restricting people`s right to day in court. This two faced aspect of the Summary Judgment resulted in a three-part, cyclical change from emphasis on the efficiency of early 20th Century, through, post 1938 reformist period, limited use of the rule to the mid 1980s` active expansion of the use of summary judgment. Behind this change, there have been laissez-faire capitalism of pre-Depression period, and New Deal reform and liberal period of 1930s through to 1960s. Finally, as a result of explosion of litigation in the 1970s and conservative trends in the 1980s of American society, the Supreme Court change the course of summary judgment with Trilogy of Summary of 1986 expanding and supporting the use of summary judgment.

I. 서론
II. 약식판결의 내용과 효과
III. 약식판결의 도입과 자유방임적 자본주의
IV. 연방민사소송법으로서 약식판결과 뉴딜주의
V. 약식판결의 변화와 보수주의의 회귀
VI. 결론
[자료제공 : 네이버학술정보]
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