점유보호청구권에 관한 민법개정안

I have worked as a member of the 3rd Ministry of Justice Civil Code Reform Committee, Section 2, 2011, and proposed a draft revision of Part II ‘Real Rights’, Chapter II ‘Possessory Right’ except the relationship between the possessor and owner (Article 201~203). For the deletion of the concept ‘Possessory Right’ (Article 192, 191, 193, 194, 195, 199) and the amendment of Article 196 (Assignment of Possessory Right) I have already presented a article. This paper reports on the Amendment of Article 204 (Recovery of Possession), 205 (Maintenance of Possession), 209 (Self-help) and the new Article 204-2 (Endurance of Seeking and Take out). It explains the process through which the proposals of the Committee Section 2 based on my draft reached the final draft of the Civil Code Reform Committee after several meetings. Some were accepted without any changes, some went through changes, and others were rejected. It is true that due to the existence of injunctions the claim for protection of possession covered here is not used so often as in the Roman law, the model for the claim. Thus, the draft revision has a stronger theoretical than the practical meaning. However, as long as the articles on protection of possession reside in the civil law, it would not be meaningless to clarify the regulations on the subject. I hope that the discussions of the Civil Code Reform Committee introduced here will help for the future legislation and interpretation.