계속적 계약의 종료와 그 제한가능성

Abstract

As a contract continues for a long time, the parties to the continuous agreement often build up and develop a special relationship, If a party wishes to terminate such a relationship, the distinct characteristics of the continuous agreement should be considered. For instance, it has been discussed that, if the trusted relationship has been destroyed and a contract may not be sustainable any more, it may be a just cause for the termination of the continuous agreement. On the other hand, even if there is a termination cause based on the contract of the parties, the termination of a continuous agreement should be restricted in certain cases. Although the latter discussion, which is based on the characteristics of the continuous agreement, is closely related to the former one, it is worth discussing independently as the issues have opposite directions to the effect of a continuous agreement. Korean courts have been quite reluctant to restrict the termination of a continuous agreement. if there was a termination cause based on the agreement of the parties. In just a few cases, this idea was reviewed in respect of the unfairness of the agreement pursuant to the Act on the Regulation of Standardized Agreements or the Monopoly Regulation and Fair Trade Act, etc. However, the question as to whether the termination of the contract can be restricted is ultimately a matter of the restriction on the principle of freedom of contract. In this regard, the necessity or the SCOpe of the restriction on the termination of a continuous agreement should be considered based not only on the each special act, but also on the interpretation of a contract and/or the duty of good faith.