변호사는 의제상인이 아닌가

Abstract

The practice of the attorney have become commercialized in recent years, as well as the attorney performs its duties on business through the contracts paid. In fact, the attorney gets the system for business to perform the duties, furthermore, the law firm enlarge the scale of the organization such as corporation. Therefore, the attorney has the character both for the public interest and the business, so as taking the public benefit or the business, each of them is evaluated differently. It is need to consider what is the target of public benefit in the attorney . Activities of the attorneys for proceeding cases and the relationship about mandate between the attorney and client are separate. The latter is about the contract for mandate of accepting the case between the attorney and client not on public interest but on business. The attorney's fee agreement itself is private civil contract, though in any cases, it would have the character as merchant premised on commerciality and reward. When acknowledging the character as merchant of the attorney, the practice of the attorney should be subject to commercial law. It couldn't subject to all of the duties of the attorney on account of the publicity, though. It's need to review subjecting the provisions of the Commercial Code, which can be avoided or applied. This paper has two big themes about the character as merchant of the attorney. One is to critisize to the traditional theories and precedents that denies the character as merchant of the attorney, the other is to review a range of applying the Commercial Code when the character as merchant is accepted.