착오에 대한 민법상 규율의 재구성

A reconstruction of regulating mistakes in Civil Code

In this article, I pursued to indicate problems of current regulation on mistakes in our Civil Code, and then insist that the Civil Code section 110, rather than the Civil Code section 109, should be a relevant basis of the case that a counter-party induce one’s mistake(“induced mistake”) or leave someone in error(“leaving in error”), over the recent supreme court decision 2013da49794 delivered on November 27, 2014 which sentenced that the mistaken party with gross-negligence can rescind the contract when the counter-party intentionally leave the mistaken party in error. The above-mentioned attempt is based on the following reasons. Firstly, The counter-party’s behavior cannot be considered when applying the Civil Code section 109 due to the language and purpose of this section, and considering the counter-party’s behavior causes ambiguity of criteria. Secondly, the Civil Code section 110 can provide cases of the “induced mistake” and the “leaving in error” with more appropriate logic. Furthermore, the Civil Code section 109 can only deal with “pure mistake” and it makes this section more understandable without any irrelevant and complicated amendment in this way,