민사판례상 금반언의 원칙과 언어분석

• 영문명: Estoppel on Current Civil Cases of Korea Supreme Court and Linguistic Analysis
• 발행기관: 원광대학교 법학연구소
• 저자명: 최명구(Choi, Myung-Gu)
• 간행물 정보: 『원광법학』제27권 제1호, 33~50쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

In current civil cases of Korea Supreme Court can't be easily found application conditions of Estoppel because the Judge decides and applies Estoppel himself without thorough considering these conditions. Current civil cases have to be investigated and problems on the application condition of civil cases try to be solved because of that. Besides this condition need to set out a logical. Through this can Estoppel be obviously presented. General linguistic analysis and especially semantic linguistic analysis in analytical philosophy also should be reviewed to conduct above works. By doing this, the arbitrary decision of judge can be prevented more or less and Estoppel can be objective applied for realizing justice and equal. As above mentioned, Estoppel's logic can be constructed through searching the application conditions, linguistic analysis and semantic linguistic analysis of Estoppel. However, there is difficult to deduct the basic meaning of Estoppel because of various linguistic meaning. This phenomenon especially happens on complicate civil case. Therefore, judge has to decide himself whether Estoppel can be applied the civil case. This is called as "arbitrary decision of judge". Based on arbitrary decision of judge is it possible to give the parties to a civil suit the disadvantage. If happens, this is no justice and balance to these parties. The judge's decision also has to be done abjective meaning to prevent the judge's arbitrary decision. Through this doing can the judge's arbitrary decision be minimized and can the civil parties's interest and the trust between civil parties be protected. The paper is divided into four chapters, 1. reviewing Estoppel on civil case and its problems, 2. application conditions of Estoppel and linguistic analysis of Estoppel, 3. semantic linguistic analysis of Estoppel and 4. general meaning on linguistic analysis and semantic linguistic analysis.

목차

Ⅰ. 처음에

Ⅱ. 언어분석의 일반방법

Ⅲ. 현행 민사판례상 금반언의 원칙에 대한 검토와 적용상 문제점

Ⅳ. 민사소송에서 금반언의 적용요건과 언어분석

Ⅴ. 금반언의 의미론적 언어분석

Ⅵ. 맺음에

참고문헌

Abstract

키워드

금반언 언어적 분석 의미론적 언어분석 신뢰보호 적용요건 Estoppel linguistic analysis semantic linguistic analysis protecting trust application conditions