2008년도 상사법학계 및 총칙,상행위법 판례의 동향

Amidst the transformation of the global economy with electronic commerce, Korea faces significant challenges in reflecting these changes in the commercial law and transactions. New legislation is urgently needed to address the air transport business in light of expanding international relations and increasing domestic income levels following economic development. To explore these concerns, the Ministry of Justice drafted proposed revisions to the commercial law and transactions, and proposed the air transport commercial law. On June 25, 2008, a public hearing was held to discuss these proposals. The proposed revisions to the commercial law and transactions highlights twelve areas such as leasing, franchising, and factoring in establishing further legal obligations based on the 1995 revisions to the commercial law. The proposed air transport commercial law references the formation of maritime transport law based on Article 6 of the commercial law, and proposes three chapters: 1) General Provisions, 2) Transport, and 3) Liability to Third Parties. This paper evaluates the newly proposed revisions to the commercial law and transactions and the 2008 legal trends, along with a discussion on noteworthy 2008 case law on commercial law and transactions.