일본 하자담보책임법의 개정과 입법적 시사점

Abstract

This paper examines the background, contents, and major isues of the revision of theJapanese Waranty Liabilty Act, which tok efect on April 1, 2020. A key feature of thisamendment is that the structure of contract liabilty, which was previously dualized intodefault liabilty and defects liabilty, has ben unifed into nonconformity liabilty. As aresult, the dispute over the legal nature of the liabilty for defects has ended. The revised Civil Law in Japan has many similarites in its structure and content withthe BGB, which tok efect in 202. The diference in legal treatment of specifc andunspecifed objects was excluded, the right to remedy the buyer's and contractor's rightswas strengthened, and the right to suplement the buyer's right to claim a reduction inthe amount was newly established. In aditon, the contractor's liabilty for defects was unifed into a liabilty for default,and the general provisions for liabilty for default were aplied. As a result, thepurchaser's right remedy was aplied to the beneficiary as wel, and the short-ermextinction prescription was deleted to unify the exercise period of the right. The Korean Civil Law is stil in dispute over the legal nature of the seler's liabilty for certain defects and the contractor's liabilty for defects, and controversy persists in its interpretation due to the dual discipline system that strictly distinguishes therequirements and efects of default liabilty and defects liabilty. It is necesary to changethe existing dual responsibilty structure to a one-way structure that cals contractliabilty through unifed requirements, such as the German and Japanese civil laws. The revised civil law in Japan has much legislative implications for restablishing thelaw on defects liabilty under the Korean Civil Act. We lok forward to a fresh start inthe discusion of amendments to unify the liabilty for default and the liabilty for defect,leading to advanced legislation.