한국인의 정서와 계약관념 - 새로운 한국적 계약법이론의 정초를 위해 -

Abstract

Nowadays, we are so familiar with “contract” that we can not afford to make a modern social life without it. The modern conception of contract was adopted into the korean legal culture from the western about one century ago. However, nobody knows, how different the “contract” in the Korean’s usual life is from the “contract” in the korean law books. In my guess, the gap between both is relatively deep. In this article, it is made an attempt to explain hypothetically by means of psychoanalytic theory how strong korean's original archetypical mentality is playing on the modern korean's contractual behavior. The contracting is friendly with a dynamic and changeable way of living. The conception of modern contract has a primitive origin in the moving life of the nomadic tribes. So, the settling agricultural tribes are unfamiliar with it. Korean people settled as a agricultural tribe in the Korean Peninsula many thousands years ago. At the present time, the primitive state of an agricultural people's mentality is playing lively at the bottom of korean's mind.