지출비용의 배상

A study on the Compensation for Expenses in the Korean Civil Code

The Committee for the Reform of the Korean Civil Code was established in 2009, has decided to add Article 392-2 that are prescribed with respect to the compensation for expenses to the Korean Civil Code in 2013, though there still controversial among scholars. The most controversial issue associated with the compensation for expenses is about whether it is compensation for expectation interest or compensation for reliance interest. Therefore, in this paper, we studied about the legal issues for “compensation for expenses with a focus on these issues. This paper is composed of all six chapters, the topics covered in each chapter are as follows: Chapter Ⅰ Introduction: Legal issues associated with compensation for expenses to the Civil Code in South Korea, and the scope and methods of the study are described. Chapter Ⅱ The newly-added provision about “compensation for expenses proposed by The Committee for the Reform of the Korean Civil Code: The newly-added provision was summarized. Chapter Ⅲ Foreign legislations: The legislation of the main countries related to the compensation for expenses was investigated. Such as the United States, Germany. Chapter Ⅳ Korea s theory and case law: Korea s theory and case law associated with compensation for expenses was investigated. Chapter Ⅴ Review associated with the newly-added provision about “compensation for expenses : Type of expenses , ‘What expenses should be compensated? , ‘Why should compensate for expenses? , ‘Does the expenses included in the damages? , ‘Whether the compensation for expenses is compensation for expectation interest or compensation for reliance interest? , ‘Is it possible to compensate only expenses separately? , ‘What is the appropriate level of compensation for expenses? , etc. were studied. Also my personal opinion about it was said. Chapter Ⅵ Conclusion: The main information of this paper was summarized.