earticle

영어

International jurisdiction is a matter of which country's courts can be tried on international private legal matters. According to Article 2 of the International Private Law, the court has the jurisdiction of an international Jurisdiction if the party or the disputed matter is substantially related to the Republic of Korea. However, there is no mention of what is substantial connection, and it is left to theories and precedents. This study aims to clarify the concept by examining theories and precedents on substantial connection as a criteria for judgment of international jurisdiction. Most disputes over international private legal relations may be substantially related to both foreign courts and our courts. It should be understood that substantial connection requires at least contact to be insufficient, and that it is closely or significantly related. However, I don't think it needs to be "most" closely and "most" importantly" related. In order to present specific criteria for the ubstantial connection of Article 2 of international private law, specific and clear criteria for international jurisdiction must be newly established. However, it is very difficult to present uniform and clear criteria for various types of international cases. I look forward to the final legislation of the revised law on international private law, which created rules for international Jurisdiction.