판례평석 방법론에 관한 시론적 고찰 - 민사법 분야를 중심으로

• 영문명: Methods of Commentary on Judgement
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 오세혁(Se-Hyuk Oh)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 741~765쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The legal system in Korea mainly consists of statutes. But, precedents are regarded as a essential component of Korean legal system. Precedents have enriched contents of law and developed law. Now precedents play an important part in law and legal science in civil-law system as well as in common-law system.
  It is commentary on judgement that analyses the content of precedents and evaluates correctness/reasonableness of precedents. Commentary functions like a bridge that connects between precedents and legal doctrines. Precedents remain live through commentaries on the precedents. Commentary on judgement will provide legal scholars and practioners with the common forum of legal studies.
  Each country has its own method of commentary on judgement related to legal systems, legal institution and legal culture at various levels. Above all, there is an indissoluble connection between commentary on judgement and the status of precedents in legal system concerned. The different status of precedents in each legal system demands for different method of commentary on judgement. Secondarily, commentaries on judgement are connected with the objects, the contents, the structures and the styles of judicial judgements. Commentaries on judgement, furthermore, are connected with openness of judgement and access to judgement, the interrelation between precedents and legal doctrines, the realities of legislation, the legal sentiment, the legal consciousness.
  So, it is necessary to investigate into the structure, procedure and function of judiciary system as well as the status of precedents, the style of judgement in order to advance a theory of commentary on judgement. Then the complete standard model of commentary on judgement can be presented.

목차

Ⅰ. 들어가는 말
Ⅱ. 판례평석 일반론
Ⅲ. 우리나라 판례평석의 현황 : 민사법 분야를 중심으로
Ⅳ. 우리나라 판례평석의 구조와 그 한계
Ⅴ. 새로운 판례평석 방법론의 모색
〈판례평석의 표준모델〉
【참고문헌】
【Abstract】

키워드

판례 판례평석 법학방법론 민법 법원(法源) Precedents Commentary on Judgement Legal Method Civil Law Sources of Law