민법개정안 채무불이행법에 관한 검토

A Critical Approach to the Korean Civil Code Revision Draft on the Effect of Non-Performance

The greater part of the Korean Civil Code Revision Draft on the Effect of Non-Performance is modelled on the German Civil Code: (1) The creditor has a right to demand for the performance in accordance with the obligation or for the cure the non-conformity, and (2) Remedies available at the Korean Civil Law Revision Draft are expectation damages and reliance damages measured by the amount of money necessary to compensate for expenses in the case of breach of contract. From the point of form and substances, the Korean Civil Code Revision Draft has failes to lead satisfaction to all. The reasons are twofold. The first is that the juridicial understanding of the Korean Civil is still not sufficient enough to draft a revised one, and the second raised through the lack of procedural legitimation. The way to have a good and perfect Civil Code is long and hard to reach. Only with patience and well-intentioned effort we can reach this goal.