商法總則상 商行爲의 範圍를 중심으로 본 商事時效에 관한 判例 回顧

Abstract

A Review of Supreme Court Case on the Scope of Commercial Activities Under the Commercial Act What is commercial activities and who is merchant under the Commercial Act? Actually the notion of commercial activities and merchant is quite important. The reason why the notion of merchant and commercial activities is very important is that this notion can be the standard for being regulated by the Commercial Act than any other regulations. This review analyze a case of the Supreme Court that argues extinctive prescription for one party's claim under the labor standard act. In this case the Supreme Court confirmed that the Court of Appeal's decision that the Court recognized the one party's claim was extinct. The Supreme Court judged that the party's claim was not based on the labor standard act. Instead the claim was based on the Commercial Act. The Supreme Court acknowledged that the Commercial Act covers the merchant by nature of business and basic commercial activities. The Supreme Court also judged that the Commercial Act regulates the merchant by legal construction and the subsidiary commercial activities. The Supreme Court finally decided that the claim was originated from the contract and agreement those were the subsidiary commercial activities. Therefore, the Supreme Court finalized that the claim was bound by the Commercial Act so that the 5 year period under the Commercial Act applied to this case. This review basically examines the notion of Merchant and Commercial Activities under the Commercial Act in order to verify a validity of the case of the Supreme Court.