한국 채권법 분야의 최근 개정 동향에 관한 소고

Abstract

1.After beginning in February 2009 until February 2014, the Ministry of Justice of Korea had the installation of the ‘Civil Law Amending Commission’ for around 5 years. Among the civil laws of Korea, the entire property law field had been examined. A revision proposal that revises the civil laws with the details that conform to the era had been prepared. Because the amount examined was comprised of the very vast details, the method of preparing the legislative bills by part, making the revision bills with the government bills, and the forwarding to the National Assembly has been used. According to such a method, in the Law of Obligations area, from the end of 2014 until November 2015, the things that had been revised in terms of the civil law were the guarantee system and the typical contracts, which are the new establishments of the travel contracts. Also, in this area, as a special law that was revised, there is the Commercial Building Lease Protection Act. And, as a thing that has been newly enacted, there is the ‘Law Relating to the Compensation Obligations Regarding the Environmental Contamination Damages and the Relief’. The former has been enforced from May 13, 2015. And it is planned that the ‘Law Relating to the Compensation Obligations Regarding the Environmental Contamination Damages and the Relief’ will be enforced from January 1, 2016. This research is about the legislative trends of the Law of Obligations area from the end of 2014 until November 2015. It has examined the 4 systems above. 2.The commonality between the revision of the Law of Obligations area stated above and the newly establishes laws is the point that they are for protecting the victims and the economically weak. For example, it can be said that it is for protecting the guarantors, the commercial building lessees, and, furthermore, the travelers and the victims of the environmental contaminations. However, the problem is the point that, today, in the claim-obligation relationships, such victims are not always in the status of the economically weak. For instance, in case a branch office or a store of a large corporation leases a shopping arcade from a person possessing one small shopping arcade, there are many cases in which the lessee is, instead, an economically strong. It is considered that, although, regarding the large-scale stores, there is the regulation that excludes the applications, in the legislations that protect the victims uniformly, there need to be the restrictions through the more specific analyses. Also, in the case of the travelers and the environmental contamination victims, the legislations that unilaterally protect them do not fit the equity. As the focus has been made on the protection of the economically weak, sometimes, the considerations regarding the small lessors, the small business operators, and the travel agencies have been insufficient. Therefore, the point is that the cases that do not conform to the actual economic definitions can take place, too. It is considered that this point is a task that must be supplemented in the future. 3.Other than the above amendments, in such a Law of Obligations area, together with the specific examinations of the debt default system, the amendment proposal regarding the overall Laws of Obligations had been prepared, including the subrogation right of the creditor, the right to cancel, the transfer of the bonds, the responsibility for the security of the seller, the leases, the subcontracting, the office work management, the unfair profits, the illegal acts, etc. In the civil law academic circle of Korea, there has been the examination work regarding the proposals presented with interest. I have the high expectations that such revision proposals will be legalized as soon as possible.