소멸시효의 중단 및 정지규정의 개정방향 - 비교법적 고찰과 함께 -

The revisions to the interruption and suspension of the statute of limitations are as follows. First, although the filing of a lawsuit is a strong exercise of the right, it is more appropriate to view it as a reason to suspend the statute of limitations rather than allowing repeated f rather than allowing repeated filings to continue to extend the statute of limitations when the statute of limitations is almost complete. Second, it would be desirable to adopt the method of using the creditor's subjectivity as the starting point of the statute of limitations, rather than using the objective starting point of the statute of limitations and constituting the creditor's ignorance as a reason to suspend the commencement of the proceedings. Third, there should be a provision recognizing the suspension of time by negotiation. Considering that the principle of private autonomy should also apply to the suspension of the statute of limitations, negotiation should be broadly recognized as an interpretation of the parties' intentions. Fourth, it is necessary to stipulate ‘force majeure’ as a reason for suspension of the statute of limitations, as there may be circumstances that the right holder could not have avoided even with the utmost care. Finally, it is necessary to take into account the psychological disabilities of victims of childhood sexual abuse and violence by recognizing them as a suspension of the statute of limitations.