約款의 解釋과 例文解釋

Abstract

Interpretation of Standard Terms and Conditions and Stereotypic Interpretation Thereof Park, Chan-Ju** Professor of Law, Chosun University ․ Former Congressman ․ Former Minister of Government Legislation ․ Lawyer Three major points the writer asserts in this article is as following. The first is validating interpretation is not always the right way of interpretation of juristic act. It is natural to apply principle of validating interpretation in interpreting individual party's manifestation of intention in contract, but it does not follow the principle should be applied in interpretation of contract which is formed by meeting of two interest-conflicting parties' mind. The interpreter must focus his attention on the individual party's attitude whether he can formed the contract with the hypothetical intention construed by the interpreter, if he knew or was knowledgeable of the interpreter's construction. If interpreter cannot say affirmative, he should not applied the principle. The second includes two point. The one is precedent's rule that the content of authenticity-attested document is presumed to be incorporated in the document by the parties can be applied to the contracts even within the scope of Regulation of Standardized Contract Act under the premise of fulfilling obligation to specify and explain contractual terms and conditions. The other is if a merger clause is contained in the contract and the clause itself is individually negotiated, the drafter should be presumed to fulfil the obligation of specifying and explaining. The third is printed terms and conditions have two meanings. The position of these terms and conditions are only drafts before concluding contract, and meaninglessly remained terms and conditions not incorporated into the contract after the conclusion. We should not call exclusion of those meaningless terms and conditions as modified interpretation. Key Word : juristic act, interpretation of juristic act, supplementary interpretation, principle of validating interpretation, standardized terms and conditions, incorporation into contractual terms and conditions, obligation of specify and explain standardized terms and conditions, document of disposition, merger clause, battle of form, principle of precedence of individual agreement, in dubio contra stipulatorom (= principle of unfavorable construction to drafter), stereotypic interpretation of standardized terms and conditions