변호사의 상인성에 관한 연구

The lawyer supports basic human rights, realizes social justice,accomplisches duties seriously, maintains social order and must make aneffort for improvement of the legal system. The lawyer accomplishes asa law specialist with the publicity duties freely independently. This is rightduties with the mission of the lawyer. Nevertheless there are peopleinsisting on merchant characteristics of the lawyer. The reason is next :The duties activity of the lawyer takes on a commercial inclination. So thesocial recognition changed. So the people are seen because a lawyer workson duties for the purpose of profit. However, the law limits the profit activityof the lawyer strictly, the law emphasizes publicity and the ethicality oflawyer duties again. Therefore, the activity of the lawyer and the activityof the merchant must be assorted. In other words, there is a difference inthe business activity of the merchant and the duties of the lawyeressentially. There is not the social economic need or a request to applythe commercial law to a lawyer. A lawyer is not a person doing businessby the method of the merchant for such a reason. In other words, it is nota merchant. Therefore commercial law that not to hold assuming profit willhave to be applied mutatis mutandis the duties activity of the lawyer.