동남아 지역의 민사상 법정이율 규정과 시사점

Abstract

Although amendments have been made in various areas since the enactment of the Civil Code, Article 379 of the Civil Code still stipulates the legal interest rate at 5% per year. It is true that there has been a huge gap with the economic situation by adopting a fixed rate of 5% per year for over half a century. Moreover, since the delayed damage and intermediate interest deduction system are based on the legal interest rate, there are problems such as excessive or under-compensation in damages, delay in litigation, and reflection of currency value. Based on this awareness of the problem, in East Asia, the Japanese Civil Law was recently revised to a variable system, and the Thai Civil and Commercial Code in Southeast Asia also changed to a variable system. In the case of Vietnam Civil Law, although the interest rate regulation method is different from those of the above two countries, it has taken the form of a variable system since enactment. The Korean Civil Code can no longer delay the revision of the method of civil legal interest rates. The legal basic interest rate must be determined based on the average of deposit and loan interest rates, and the change cycle shall be determined based on the average processing period until the finalization of the civil case. In order to secure elasticity and predictability, the rate regulation method should be delegated to subordinate statutes to formalize the ratio of adding or subtracting the legal basic rate.