민법의 제정과정을 통해 살펴 본 민법개정 제안

In comparison with the introduced civil code, the enacted civil code has gotten a fruitful outcome. It has legislatively solved various problems with the introduced civil code and has defined many terms and expressions, whereinto the results of erstwhile studies have been fed. However, the Korean War interrupted procedural processes for legislation, and moreover relevant materials disappeared. In some cases, unventilated agendas bred misunderstanding and also were reflected in the civil code without resolutions, which is caused by the urgency to South Korean’s own civil code. Such problems summarized in relation to procedural processes, as in the following: First, some articles were not in conformity with the compilation guidelines on the civil code, which is against Article 9 of Regulations of Civil Code Compilation Committee whether it was intentional or not. Second, the draft of the civil code, grounded on that of Manchu state, bred misunderstandings due to misinterpretation or misapprehension. Third, the Civil Code Review Subcommittee dealt with many articles without consistent standards, and did not correct detected problems. Lastly, the Civil Code Review Subcommittee reviewed ‘Property Act’ in the draft of the civil code, came up with the amendment, and pointed out many problems by presenting the opinion on the civil code. Nevertheless, the opinion was not reflected in the civil code. The foregoing problems may not be closely relevant to legislative decisions or political judgments, and besides there are very few cases of practical application. Otherwise, they may be applied to actual cases without special problems as they have been amended with the advancement of proper theories. However, what should not be overlooked is that a legislator is to make more clear and accessible laws. Accordingly, it is advisable to amend the civil code in order for it to be more valid, inclusive of minor problems.