민사판례상 금반언의 원칙과 언어분석

Abstract

In current civil cases of Korea Supreme Court can't be easily found application conditions of Estoppel because the Judge decides and applies Estoppel himself without thorough considering these conditions. Current civil cases have to be investigated and problems on the application condition of civil cases try to be solved because of that. Besides this condition need to set out a logical. Through this can Estoppel be obviously presented. General linguistic analysis and especially semantic linguistic analysis in analytical philosophy also should be reviewed to conduct above works. By doing this,the arbitrary decision of judge can be prevented more or less and Estoppel can be objective applied for realizing justice and equal. As above mentioned, Estoppel's logic can be constructed through searching the application conditions, linguistic analysis and semantic linguistic analysis of Estoppel. However, there is difficult to deduct the basic meaning of Estoppel because of various linguistic meaning. This phenomenon especially happens on complicate civil case. Therefore, judge has to decide himself whether Estoppel can be applied the civil case. This is called as "arbitrary decision of judge". Based on arbitrary decision of judge is it possible to give the parties to a civil suit the disadvantage. If happens, this is no justice and balance to these parties. The judge's decision also has to be done abjective meaning to prevent the judge's arbitrary decision. Through this doing can the judge's arbitrary decision be minimized and can the civil parties's interest and the trust between civil parties be protected. The paper is divided into four chapters, 1. reviewing Estoppel on civil case and its problems, 2. application conditions of Estoppel and linguistic analysis of Estoppel, 3. semantic linguistic analysis of Estoppel and 4. general meaning on linguistic analysis and semantic linguistic analysis.