계약에 있어서 법과 문화

• 영문명: Law and Culture in Contract
• 발행기관: 한국민사법학회
• 저자명: 李銀榮(Lee, Eun-Young)
• 간행물 정보: 『민사법학』제25호, 229~255쪽, 전체 27쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2004.03.31

영문 초록

It is not easy to clearly define the Korean culture of contract. The article describes the contract based on the net of human relations which is one of the different aspect from western culture of contract.(Exclude consumer trade) The cultural characteristics of the contract in Korea can be divided into four categories. First, Koreans trust other party only from a clique such as consanguinity, academic clique, and etc. Second, trade connection is subjected to authoritarian attitude of paternalism. Third, if other party has no personal bond then he requires having strict protection. Finally, people evade a lawsuit within the personal connection net for troubleshooting to make concession and compromise. The personal connection net is hard to abolish because it has already taken firm root through the Korean culture of trade. Modern personal connection net is functioning with the aim of the profit. Even though the personal connection net has side effects such as economic shrink and corruption, it does not mean it only has negative sides. According to the recentwestern theory, the personal connection bond can save down trade expense and it can be a useful tool to build a trustful relationship. Anyway, just as it is food culture in Korea to eat soybean paste even if it is infested with maggots, so is Korean contract culture difficult to cut the personal connection net even if a scope of corruption. Then, it is necessary to bring round thepositive side of the personal connection net. It is not necessary to accuse contract culture in Korea of irrationality and drive out owing to the difference between Western culture and Korean culture. If we make the best of strong points and make up for the weak points, we can expect economic efficiency and achieve to make law culture, which is adhered to economy. In order to accomplish the above, efficiency and openness are both inquired into the formation of trust. If the personal connection net is not closed formation and maintain the quality by only opening to a eligible person, the efficiency of trust formation will rise.

목차

Ⅰ. 머리말

Ⅱ. 유교자본주의와 인적연계망

Ⅲ. 한국시장의 특성

Ⅳ. 인맥에 기초한 신뢰

Ⅴ. 권위주의적 성격

Ⅵ. 엄격한 안정장치의 요구

Ⅶ. 계약분쟁의 해결

Ⅷ. 맺음말

키워드

계약 법문화 인적연계망 유교문화와 법 유교자본주의와 법 신뢰