사회적 약자 보호 측면에서 제3자를 위한계약 법리에 관한 제언

Abstract

In February 2014, the incident which a woman and her two daughters put themselves to death, suffering from poverty, took place in Songpa-gu, Seoul. After the incident, to aid poor people who do not have welfare benefit, Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries was enacted and Emergency Aid and Support ACT and National Basic Living Security Act were amended. However, in spite of the enactment and amendment, people who put themselves to death, suffering from poverty, still exist. The central government and the local governments continue to improve the social security system in the public sphere to help the poor rebound from despair. By the way, such a social security system in the public sphere tries to reflect the reality of society as soon as possible, but the gap between social reality and the system inevitably exists because real society changes very quickly. I’d maintain that we should strengthen the spirit of mutual aid in the private sphere to fill the gap. To put it another way, in the private sphere, we should strengthen the spirit of reciprocal help between citizens in daily life to help the poor overcome despair as well as in the public sphere, we should continue to improve the social security system. It is Korean Civil Act that fundemental law on daily life of civil society in Korea is. Korean Civil Act is basically controlled by the principle of private autonomy. According to the principle of private autonomy, which rights and duties one has or not is decided only by the intention of himself or herself. In this Article, I focused on contract in favour of third person as a way to protect the disadvantaged by strengthening the spirit of reciprocal help between citizens in daily life, undermining the principle of private autonomy little.