‘알기 쉬운 민법’ 개정안(재산법 편)에 대한 비판론의 검토

• 영문명: Review of a Criticism of Amendment Proposal for the “Easy Civil Law (Property Law Section)
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 윤철홍(Cheolhong Yoon)
• 간행물 정보: 『비교사법』比較私法 제25권 제4호, 1495~1532쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

1. This writing examines a criticism of the amendment proposal for the “Easy Civil Law” announced for legislation as a part of the Civil Law in 2018. An array of opinions have been presented, ranging from those of opposition to the amendment originated by the Korean Association of Civil Law along with various institutions and scholars to those of critical support. As the amendment proposal pertains to the terms and expressions of the Civil Law whose determinations rely upon the differences in the habits and levels of the subjective languages, it is natural to have critical opinions. 2. First of all, we have reviewed the views of opposition against the work of amending “ Easy Civil Law” itself, we undertook the review of counter-arguments concerning the complicated Chinese characters, Japanese terms and expressions in a critical manner. Thereafter, we reviewed “purpose” in the context of the Civil Law, which has emerged as perhaps a most critical point of contention, “under circumstances,” representing conditional circumstances, “in the event” and “recommendation by means of warning,” among others. These terms are not largely nconvenient for legal experts, and the Chinese characters might instead be helpful for gaining understanding. 3. The first and foremost area which needs to be amended would be considered to be the Japanese expressions, among others, which could be agreed by anyone along with difficult Chinese characters such as mutual and neighboring relationship. It would be quite desirable for the entire amendment to be executed, but if such amendment is not feasible, we expect that even a very urgent and important portion may be amended. There is also a criticism that if the Civil Law, which carries on a long history and tradition of jurisprudence, is transformed through the lens of Hangul, so doing would likely cause its authority to decline. However, the authority of the Civil Law does not stem from the gravity of expressions or authoritative expressions, but from a natural course of origination aided by the appropriate enforcement of the Civil Law and the convenience of understanding.

목차

Ⅰ. 글머리에

Ⅱ. ‘알기 쉬운 민법’ 개정 작업 자체에 대한 찬반 논의

Ⅲ. 주요한 개정과 핵심 쟁점들에 대한 비판과 검토

Ⅳ. 맺음말

키워드

알기 쉬운 민법 개정안 난해한 한자어 일본식 용어와 표현들 목적 최고(催告) the amendment proposal for the ‘Easy Civil Law’ the complicated Chinese characters Japanese terms and expressions purpose recommendation by means of warning