현행 집행관자격 부여 제도의 적정성에 관한 고찰

@article{ART001804713},
author={ 김종호 },
title={현행 집행관자격 부여 제도의 적정성에 관한 고찰},
journal={중앙법학},
issn={1598-558X},
year={2013},
volume={15},
number={3},
pages={57-102},
doi={10.21759/caulaw.2013.15.3.57},
url={http://dx.doi.org/10.21759/caulaw.2013.15.3.57}

TY - JOUR
AU - 김종호
TI - 현행 집행관자격 부여 제도의 적정성에 관한 고찰
T2 - 중앙법학
PY - 2013
VL - 15
IS - 3
PB - 중앙법학회
SP - 57-102
SN - 1598-558X
AB - A bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly. The term was first applied in Norman England to the king's officers charged with local administrative authority, such as sheriffs, mayors, hundreders (the chief officer of a territorial hundred) and the first civil officers of the Channel Islands. The term eventually narrowed to refer to an officer of a hundred court, appointed by a sheriff, and who assisted judges at assizes, served process, executed writs, assembled juries, and collected fines in court. The district within which the bailiff exercises his jurisdiction is still called his bailiwick. The term bailiff is retained as a title by the chief magistrates of various towns and the keepers of royal castles, such as the High Bailiff of Westminster and the Bailiff of Dover Castle. Under the manorial system a bailiff of the manor represented the peasants to the lord, oversaw the lands and buildings of the manor, collected fines and rents, and managed the profits and expenses of the manor and farm. Bailiffs were outsiders and free men, that is, not from the village. Gerichtsvollzieher are civil servants of the States of the Federation in which they are working in Germany. Their service authorities are the county courts (Amtsgerichte). Within the district of the county court they will be assigned a well defined district (Gerichtsvollzieherbezirk) for which they alone are responsible. However, the Gerichtsvollzieher are from an organizational perspective separated from the county courts, they maintain an office under their own responsibility and on their own responsibility they employ office workers to cope with their work. They can form an office partnership with other Gerichtsvollziehern, but they remain solely responsible for their realm of responsibility. The office partnership, Bürogemeinschaft, is in fact not much more than the sharing of an office to alleviate the demands of office management; it does not involve sharing professional activities. In medieval France court bailiffs did not exist as such, but their functions were carried out by several court officers. The ussier (modern huissier), or usher, originally the doorkeeper, kept order in the court. During the Renaissance, the four officers [somoneor (modern semonneur), bedel (modern bedeau), summonses (sumunse, somonse, modern semonce), sergens (modern sergent)] were reduced to two (the huissier and sergent) who took on all these functions, with the distinction being that the huissier served in higher courts and sergent in bailie courts (sergent royal) and manorial courts (sergent de justice). In 1705 the two professions were fused by royal edict under the name huissier. Under the Ancien Régime in France, the bailli (earlier baillis), or bailie, was the king's chief officer in a bailiwick or bailiery (bailliage), serving as chief magistrate for boroughs and baronies, administrator, military organizer, and financial agent. The bailie convened a bailie court (cour baillivale) which was an itinerant court of first instance. By the late 16th century, the bailie's role had become mostly symbolic, and the lieutenant-bailie was the only one to hear cases. The administrative and financial role of the bailie courts declined in the early modern period (superseded by the king's royal tax collectors and provincial governors, and later by intendants), and by the end of the 18th century, the bailiwicks, which numbered in the hundreds, had become purely judicial. Many in the United States use the word bailiff colloquially to refer to a peace officer providing court security. More often, these court officers are sheriff's deputies, marshals, corrections officers or constables. The terminology varies among (and sometimes within) the several states. From its staff, the Court may appoint by court order bailiffs as peace officers, who shall have, during the stated terms of such appointment, such powers normally incident to police officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. Whatever the name used, the agency providing court security is often charged with serving legal process and seizing and selling property (e.g., replevin or foreclosure). In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff handles service of process and seizures. In the New York State Unified Court System, court officers, are responsible for providing security and enforcing the law in and around court houses. Currently, Korean bailiff system is seriously attacked by both inside court organization and outside society because the bailiff is granted the privileges of their former post and the service quality is very low whereas they obtained high income. Most of all, the eligibility to became a bailiff is a practical monopoly by the high court officials. This is a entry barrier and make an inefficiency in the judicial service area for creditors as well as debtor. To overcome this unreasonable disadvantages the system must be merged into court organization. The single unity of execution system with judicial government may sweep away previous drawback.
KW - 집행관, 권리구제, 법집행, 법원사무관, 집행관사무소
DO - 10.21759/caulaw.2013.15.3.57
UR - http://dx.doi.org/10.21759/caulaw.2013.15.3.57
ER -

김종호 (2013). 현행 집행관자격 부여 제도의 적정성에 관한 고찰. 중앙법학, 15( 3), 57- 102.

김종호 . 2013, “현행 집행관자격 부여 제도의 적정성에 관한 고찰”, 중앙법학, vol. 15, no. 3, pp. 57-102. Available from: doi:10.21759/caulaw.2013.15.3.57

김종호 “현행 집행관자격 부여 제도의 적정성에 관한 고찰” 중앙법학 15.3 pp. 57-102 (2013): 57.

김종호 . 현행 집행관자격 부여 제도의 적정성에 관한 고찰 중앙법학 [Internet]. 2013; 15( 3), : 57-102. Available from: doi:10.21759/caulaw.2013.15.3.57

김종호 . “현행 집행관자격 부여 제도의 적정성에 관한 고찰” 중앙법학 15, no.3 (2013): 57-102. doi: 10.21759/caulaw.2013.15.3.57

홈 권호 목록 논문 목록 논문 상세

현행 집행관자격 부여 제도의 적정성에 관한 고찰

중앙법학

약어 : 중앙법학

2013, vol.15, no.3, pp.57 - 102

DOI : 10.21759/caulaw.2013.15.3.57

발행기관 : 중앙법학회

연구분야 : 법학

김종호¹

¹호서대학교

인용한 논문 수 : 5 서지 간략 보기

초록

A bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly. The term was first applied in Norman England to the king's officers charged with local administrative authority, such as sheriffs, mayors, hundreders (the chief officer of a territorial hundred) and the first civil officers of the Channel Islands. The term eventually narrowed to refer to an officer of a hundred court, appointed by a sheriff, and who assisted judges at assizes, served process, executed writs, assembled juries, and collected fines in court. The district within which the bailiff exercises his jurisdiction is still called his bailiwick. The term bailiff is retained as a title by the chief magistrates of various towns and the keepers of royal castles, such as the High Bailiff of Westminster and the Bailiff of Dover Castle. Under the manorial system a bailiff of the manor represented the peasants to the lord, oversaw the lands and buildings of the manor, collected fines and rents, and managed the profits and expenses of the manor and farm. Bailiffs were outsiders and free men, that is, not from the village. Gerichtsvollzieher are civil servants of the States of the Federation in which they are working in Germany. Their service authorities are the county courts (Amtsgerichte). Within the district of the county court they will be assigned a well defined district (Gerichtsvollzieherbezirk) for which they alone are responsible. However, the Gerichtsvollzieher are from an organizational perspective separated from the county courts, they maintain an office under their own responsibility and on their own responsibility they employ office workers to cope with their work. They can form an office partnership with other Gerichtsvollziehern, but they remain solely responsible for their realm of responsibility. The office partnership, Bürogemeinschaft, is in fact not much more than the sharing of an office to alleviate the demands of office management; it does not involve sharing professional activities. In medieval France court bailiffs did not exist as such, but their functions were carried out by several court officers. The ussier (modern huissier), or usher, originally the doorkeeper, kept order in the court. During the Renaissance, the four officers [somoneor (modern semonneur), bedel (modern bedeau), summonses (sumunse, somonse, modern semonce), sergens (modern sergent)] were reduced to two (the huissier and sergent) who took on all these functions, with the distinction being that the huissier served in higher courts and sergent in bailie courts (sergent royal) and manorial courts (sergent de justice). In 1705 the two professions were fused by royal edict under the name huissier. Under the Ancien Régime in France, the bailli (earlier baillis), or bailie, was the king's chief officer in a bailiwick or bailiery (bailliage), serving as chief magistrate for boroughs and baronies, administrator, military organizer, and financial agent. The bailie convened a bailie court (cour baillivale) which was an itinerant court of first instance. By the late 16th century, the bailie's role had become mostly symbolic, and the lieutenant-bailie was the only one to hear cases. The administrative and financial role of the bailie courts declined in the early modern period (superseded by the king's royal tax collectors and provincial governors, and later by intendants), and by the end of the 18th century, the bailiwicks, which numbered in the hundreds, had become purely judicial. Many in the United States use the word bailiff colloquially to refer to a peace officer providing court security. More often, these court officers are sheriff's deputies, marshals, corrections officers or constables. The terminology varies among (and sometimes within) the several states. From its staff, the Court may appoint by court order bailiffs as peace officers, who shall have, during the stated terms of such appointment, such powers normally incident to police officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. Whatever the name used, the agency providing court security is often charged with serving legal process and seizing and selling property (e.g., replevin or foreclosure). In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff handles service of process and seizures. In the New York State Unified Court System, court officers, are responsible for providing security and enforcing the law in and around court houses. Currently, Korean bailiff system is seriously attacked by both inside court organization and outside society because the bailiff is granted the privileges of their former post and the service quality is very low whereas they obtained high income. Most of all, the eligibility to became a bailiff is a practical monopoly by the high court officials. This is a entry barrier and make an inefficiency in the judicial service area for creditors as well as debtor. To overcome this unreasonable disadvantages the system must be merged into court organization. The single unity of execution system with judicial government may sweep away previous drawback.

키워드

집행관, 권리구제, 법집행, 법원사무관, 집행관사무소

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