최근의 한국민법전개정작업
Recent Revision Work on the Korean Civil Code

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서울대학교 법학연구소
법학, Vol.43 No3 pp.47-78
한국의 민법전은 1958년 2월 22일에 공포민법개정위원회민법안심의소위원회
This article was originally written and presented in Japanese at Tokyo
University in June of 2002 and at Kyoto University the following month. Its
purpose was to inform Japanese civil law scholars of the revision work on the
Korean Civil Code ("KCC") in detail, which has been in progress since
February 1999.
The thesis first opens with the formation of the Civil Code Revision
Committee("Committee"), and its agenda. In the discussion, I try to articulate
the historical context of this revisionary work. While the original codification
of the KCC in the 1950's was planned and executed by legal practitioners
who had been trained under the Japanese colonial rule, the current reforms are
being mainly handled by university professors, most of them in their 40's or
50's, some of whom have had practical experiences as judges. One of the
salient features of the Committee is the fact that most of its members studied
law in Germany after graduating from law colleges in Korea. Though the
stages of their life when they went abroad, the conditions as well as the
length of their stay may vary, this common feature may explain why many of
the proposals made contain a very German touch.
The article goes on to deal with the items discussed by the Committee and
the results of these debates. Its reformative proposals for the KCC are
extensive and far-reaching. From the tentative draft, six provisions were chosen
to show, as clearly as possible, the characteristics of this revisionary work,
e.g. the proposal on the general principle of KCC, mistakes, restrictions on the
presumption of the possessor's intention of holding as owner, restrictions on
so-called de more superficies, guarantee contract, and finally, termination of
the contract.
I conclude this article with some lessons and/or personal opinions that I
formed during my time and experience as a member of the Committee.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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