명예의 개념과 명예훼손에 대한 민법상 구제방법에 관한 연구

Abstract

Human beings in the modern civil law that has been centered on the property law are regarded as strong and wise intellectually and intentionally (strong and full of wisdom of human nature) due to its features of the modern civil law which include the approval of the complete and equal human rights to all human beings (integrity, equality and abstractedness as a legal personality) ',' lawmakers that enable to form judicial relationship at its own will and discretion (underdevelopment of morality and the primary toward intentions of humans)' and ‘abstractedness that does not take into consideration differences in intellectual, social and economic power. However, there has been a change on the concept and perspective toward human beings in modern civil law, which has been based on property law. The summary of the changes is as follows. New perspectives on the human being are; 'the approval of the personality, rather than complete and equal human rights of all human beings’, for legal personality, humans are the subject of protection (unequal and concrete human) instead of free law makers, and unequal in legal personality, instead of equality of all human’, concrete human, instead of abstract legal personality, and human is no longer strong and wise in physically and intentionally, but weak and unwise beings under the surface. The transition from the modern civil law to the contemporary civil law is evaluated as 'the direction of rediscovery and recovery of human being in the civil law'. In other words, it has changed from " the law of the capitalistic and economic society (the law of commodity exchange) to the one of civil society (law of personality (law of human). In other words, perspectives of the civil law are changed. This transformation of the civil law is mainly featured with the emphasis of the moral right of human, and the primacy of moral right is placed to the 'honor' of the human being. In other words, honor is one of the core values of human moral rights, which is the core purpose and interest of protective legal instruments. There has been a need to study on the transition from the civil law in the capitalistic and economic society (the law of goods exchange) to the law in the civil society(law of human). There are also needs to examine 「the concept of honor and the method of relief under the civil law」in the light of functional changes against illegal acts (corrective remedy measuresà preventive remedy measures). To respond to these needs, this research aims to propose for the developmental legislation for civil law and against illegal acts in Korea. To achieve this, it will completely review historical, macro, historical, cultural, social and economic backgrounds as well as take into account of special circumstances of Korea in order to facilitate the legislation of the respective laws and acts. In addition, it will examine the problems of modern civil law of Korea (inconsistency between public life and civil codes, necessity of strengthening public service support functions in civil law, establishment of advanced legal institutions, establishment of the declaration of intention theory related to Internet-based modern information society) and to propose a plan to proceed developmental legislation of Korea more effective ways which will cover various remedies in the civil law (defamation claims, punitive damages) in related to the concept of honor and defamation as well as illegal actions.