일본 개정민법상 법정이율제도- 3년 주기 자동변동형 고정이율제 -

Abstract

Japan revised its statutory rate system in 2017 amendments to the Civil Code. The civil interest rate is reduced from 5% to 3% per year, and the interest rate is automatically changed according to certain requirements every three years. Once the statutory interest rate has been determined (thereafter, even if the statutory interest rate changes), the interest rate on the bond is not changed (automatic variable fixed rate system) (Article 404 of the amended Civil Code). In addition, the regulations on the commercial rate of 6% per year (Article 514 of the Commercial Code) were deleted, so the dual system of civil and commercial rate was unified into the civil rate. In addition, according to the purpose of the variable interest rate system, a system of deducting the intermediate interest rate was introduced and the rules for delay rate were changed. First, it stipulates that the rate of deduction of the intermediate interest should be made at the statutory rate, and clarified that the statutory rate is that at the time the right to claim damages arises (Article 417-2 (1) of the amended Civil Code). In addition, the discipline concerning the deduction of these intermediate interest is also applied to damages caused by tort (Article 722 of the amended Civil Code). It also maintains the current system that makes the rate of delinquency equal to the rate of interest in interest-bearing bonds, which has been modified to clarify that the statutory rate is the statutory rate at the first time that the debtor is liable for delinquency (Article 419 of the amended Civil Code). In this paper, I introduced the background of the system reforms related to the legal interest rate in the revised Japanese Civil Code, the process of discussion and its contents in detail. In addition, in order to draw implications for the Civil Code, I have reviewed the contents of the draft bill of amendment to the Civil Code proposed by the Ministry of Justice(2013) and the bill of amendment to the Civil Code recently proposed by a law maker(Min Byung-Doo) at the 20th National Assembly(2018), and compared with the contents of the revised Japanese Civil Code, I also tried to appreciate the meaning of the (draft) bills.