법률요건과 요건사실(주요사실)

There are concepts of ‘the legal effect’ and ‘the legally required factor’ in civil law, ‘the chief matter of fact’ in civil procedure, in Korea. ‘The legal effect’ means the occurrence, change and extinction of rights or obligations as a result of legal action. ‘The legally required factor’ means the requisites(fact or situation) that bring about ‘the legal effect’. ‘The chief matter of fact’ means the fact that should be indicated by party concerned before examining by the judge. As a main subject, this article focuces on the concept of ‘the legally required fact’, connecting ‘the legally required factor’ to ‘the chief matter of fact’ in civil procedure, the writer grasps it as only ‘concrete fact’ to meet ‘the legally required factor’, and understands it to correspond with ‘the chief matter of fact’ in suit. Next, the writer divides ‘the legally required factor’ into 3 types. ‘The factive(concrete) factor’ can be verified directly by evidence, so it becomes ‘the legally required fact’-‘the chief matter of fact’ in suit-by itself. But ‘the estimate-needing factor’ and ‘the normative factor’ can be infered or judged only by the another concrete fact(proved by evidence), not be proved by evidence directly, so the (another) concrete fact becomes ‘the legally required fact’-‘the chief matter of fact’ in suit.