사회변화에 따른 한국 민법의 개정과 과제

Abstract

1.This study is designed to obtain the general view of the Korean Civil Law that has been in effect since January 1, 1960, in terms of the background of the enactment of the law, the process of recepting foreign laws, and their contents. Also, this study explored the contents of 24 revisions of the civil law according to social change and tried to address the challenges faced in the future. In particular, the important contents in the revisions were been selected and reviewed. The amendment of the corporation law and the amendment of the lien, which had been proposed as an amendment to the 19th National Assembly but expired due to the expiration of the session, were considered to be important both academically and legislatively, so they were reviewed as well. 2.Society has been dramatically changing. It is assumed to be imperative that the ‘Civil Law revision committee’, which can be operated from an integrated perspective, should be established in order to make our civil law compatible with this changing society. Through this committee, the legislation should proceed for the enactment of the legal status of animals, which is adopted in the Civil Code of Austria, Germany, and Switzerland, as well as the research on new contracts, such as medical contracts or brokerage contracts that have been deferred from this revision. 3.The Korean Civil Code is said to be the most difficult law in the world together with the ‘corpus iuris civilis’. While work is under way to overcome this, it should be revised into a civil law that can be easily understood by the people in a universal, popular and concise language. 4.It should not be overlooked the macro-amendments, taking into account the relationship between the Constitution and other laws. There are numerous civil special laws in private law. For example, there are various laws such as the Housing Lease Protection Act in relation to leasing, the Commercial Building Lease Protection Act, the Facilities Lending Act, the Farmland Law. And these laws should be absorbed into civil law which is both a basic law and a general law of civil life. Other environmental-related laws should also be reviewed along with those that can be absorbed or incorporated into civil law. 5.Korean reunification is the biggest historical mission in Korea. By 2017, the two Koreas have been divided for 72 years. As we can see from German unification, the preparation for the legal matters cannot be enough no matter how much we work for it. Thus, I consider that the thorough reunification preparation is imperative. Especially, the preparation of the unification civil law, which is the basic law of the private law, is an essential task.