공익을 위한 사적자치와 상생

As a right person, a person must have the right to make judgments and decisions on his or her own work and be responsible for it. And because these rights and obligations are recognized only in the laws and institutions created by the state, one assumes that the moral and legal aspects are equal and just. However, reality is often not the case. The modern society characterized by the substance of the substance, and the identity crisis. However, there was a time when the formation of social relations was transformed from 'identity to contract' and identity was established through self - Therefore, it is necessary to form an identity again and to strengthen solidarity as a community. What is needed is win-win. Expansion of private autonomy means giving autonomy and discretion to the individual in the judicial order. This means reducing government regulations and expanding judicial rules as a result of government intervention. In legal texts, rationalism recognizes the dignity of the right person in the judicial domain and affirms the legal relationship by self - determination without the intervention of the state, and the settlement of the dispute implies the judgment of the court. In the end, under capitalism, under market economy, autonomous infinite competition alone can not realize the dignity and value of human beings as rights subjects. Therefore, as a member of the community, it is necessary to establish the identity of the individual and to recognize the institutional devices for pursuing the public interest, and in addition to seeking a way of coexistence that can realize the 'value of life' It is something that a lawyer must do.