신의성실의 원칙에 대한 고찰

In the Korea civil code Article 2 paragraph 1, The principle of good faith describes the behavior of an honest and decent acting people. The principle is a general clause. Therefore abstract taken accordingly by the court. The Supreme court of Korea have had different criteria for judgment, from time to time as the need arise. Probably, It was avoidable choices for the validity in specific cases. However, the Supreme court of Korea have to suggest reasonable and predictable standard of judgement in making a decision to violation of The principle of good faith. the classification would be useful help in this situation. Therefore, naturally, several groups of this principle have been formed by scholars for a long time. These groups of case have developed by The principle of good faith. But the old system of classification can not be more helpful to specific case which is involved in subordinate obligation. The Supreme court of Korea should make a new criteria for judgment in making a decision to violation of The principle of good faith. The criteria was suggest in certain cases already. The Supreme court of Korea should develop this new criteria not only for the validity in specific cases,but also for predictation of parties.