성명보호와 성명권의 민사법적 지위: 독일민법 제12조와 몽골민법 제20, 21조, 우리 민법에 주는 시사점

People express their identification and exercise critical legal rights with his/her own name. Naming right, which is one person’s right has been firmly established with an absolute right and considered as a subjective civil law right. In addition, Naming right is both considered as personal rights in terms of value and property rights from the profit perspective as an economic subject as well. Naming right is a right, which cannot be separated from human and cannot be transferred to another person. To legally protect this naming right, the German civil law system adopted continental juridical system which is the same as South Korea’s civil law and has been enacted to be the relevant law in the title of “Namensrecht” in article 12. Furthermore, recently enacted Mongolian civil code was establish based on the German Law as a model and stipulated name principle and name protection in the article 20 and 21 respectively. This main purpose of this article is to figure out the existing problems and ultimately propose new legal guidelines on naming right and name protection regulation. This article tried to elicit very informative legal implications from German civil and Mongolian civil code. At the beginning of the time, the general principle of name protection was overlooked in the process of South Korea’s civil law enact, but civil law revising process is actively processing now to yield better regulation. This article is trying to suggest or propose that it is a right time to enact individual or separate article regarding name protection article rather than putting a name into the broad framework of a personal right which included a revised proposal in 2004 and 2014. The general provisions of the Civil law should include the basic principle regarding name and surname of the natural individual because the civil law is a fundamental law of private law. Today, name is a still the sign of the individual’s identification of the subject of rights to become a subject of rights when people’s name expresses to other person. Therefore, the author proposed that the regulation of naming right and name protection should be enacted separately or individually because it is being discussed repeatedly in the area of civil law of continental law system. The author expects that this process provides another great opportunity to develop and further upgrade the status of civil law which is a fundamental law of private law, and also clearly reflect on our consciousness and emotion by specializing name as the subject of rights. Finally, the author expects that this article becomes a driving force and first step to further propose the essential legal framework on revising new naming right and name protection as well.