변호사의 상인성에 관한 연구

Merchant characteristics of the lawyer

The lawyer supports basic human rights, realizes social justice, accomplisches duties seriously, maintains social order and must make an effort for improvement of the legal system. The lawyer accomplishes as a law specialist with the publicity duties freely independently. This is right duties with the mission of the lawyer. Nevertheless there are people insisting on merchant characteristics of the lawyer. The reason is next : The duties activity of the lawyer takes on a commercial inclination. So the social recognition changed. So the people are seen because a lawyer works on duties for the purpose of profit. However, the law limits the profit activity of the lawyer strictly, the law emphasizes publicity and the ethicality of lawyer duties again. Therefore, the activity of the lawyer and the activity of the merchant must be assorted. In other words, there is a difference in the business activity of the merchant and the duties of the lawyer essentially. There is not the social economic need or a request to apply the commercial law to a lawyer. A lawyer is not a person doing business by the method of the merchant for such a reason. In other words, it is not a merchant. Therefore commercial law that not to hold assuming profit will have to be applied mutatis mutandis the duties activity of the lawyer.