규범적 요건사실에 관한 연구

Abstract

As the saying goes, "the court knows the law (iura novit curia)," the applicable laws and regulations that are the basis of the trial are revealed and interpreted and applied by the court ex officio, but the parties are responsible for investigating the facts that are the premise of the application of the law, and in order to obtain the effect of the law according to the substantive law, it is said that they are responsible for satisfying all the requirement facts that meet the requirements of the law, and if they fail to fulfill their responsibilities, the result will inevitably lead to the conclusion that the person who bears the burden of proof loses (burden of proof and claim). Therefore, it can be said that the requirement fact theory is inextricably linked to the theory of distribution of the burden of proof because the parties must appear in the court's presence as they really are, and the function of determining the order of judgment on the attack defense method is to pursue logic, rationality, and functionality, and it is characterized by a very artful logical development. If so, this article is a part of a study on the theory of required facts, which provides clues in light of the importance of organizing issues and evidence that parties should do in principle in civil litigation. In other words, this article summarizes the problems of the theory of normative required facts in the introduction, and in the main text, I will basically explain the meaning of normative requirements, the nature of normative required facts, whether they are primary or indirect facts, what are the primary facts to be specified in the argumentation of normative required facts, what are the significance of specifying facts, and how to judge the normative evaluation based on them. Before concluding, the article examines specific cases of normative evaluation based on the "an over-authorised representative representation" of Article 126 of the Civil Code, and finally concludes with a practical evaluation of the summarized theory of required facts to prevent parties from suffering injustice.