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영어

This study has investigated the history and nature of the judgement to dismiss. The judgement to dismiss is a pronounce in the case without a substantial condition of lawsuit on the defendant case. This system for the judgement to dismiss is the provision to guarantee the human rights for the defendant being exempt from the criminal procedure. This system, however, was misused to control and suppress the Korean civilians during the colonial period under Japan. The application of this system is currently limited due to this reason. Thus, this system has to be studied extensively and practically to guarantee and upgrade the human rights. There are many aspects on the nature of judgement to dismiss. The theories of substantial judgement and of dividing into two equal parts, etc are not able to differentiate among the judgement of not guilty, judgement of dismissing public prosecution, judgement of incompetence and judgement to dismiss. Thus, the judgement to dismiss is proper to define a theory of formal judgment which bring to a termination of lawsuit without the substantial proceedings. The Supreme Court of Judicature in Korea and the court of justice in Japan have the system for a theory of formal judgment. The main issue is that which is the most proper theory among the theories of the formal judgment. The judgement to dismiss is more likely a formal judgment based on the theory of lack of interests in the performance of the litigation under the cases of less serious law suits which do not require the performance of the litigation or the substantial proceedings.