메이지시대의 연대채무개념의 형성

Establishment of joint liability law during Japanese Meiji era

Most of joint liability provisions in Korean civil law stems from Japanese Meiji Code Civil (Meiji Minpo-). Therefore, structure and content of joint liability law between the two are very similar. However, joint liability law in Japanese Meiji Civil Code was largely based on the concept of joint liability initiated from yeonincha, an old custom of Japan, and relationship between French civil law based on contemporary joint liability concept and previous civil law of Japan. There used to be very few research references on the subject, but a thesis that explored such matter from a law historical perspective was published recently in Japan. However, Korea has seen almost no data including thesis on the custom and practices of joint liability in the country and how Japanese joint liability law was established in connection with its new contemporary concept. Thus, this study is aimed at exploring the process of Japanese joint liability law during its Meiji era until its contemporary concept of joint liability was introduced in the Meiji Civil Code. It constitutes the main content of Korean joint liability law in terms of law history and law coefficients. Specifically, this study is intended to explore how Japanese joint liability law, which serves as major personal security in stimulating transactions and circulation of capital, has been established, along with request for modern property laws in line with the process of capitalism development in Japan. The ultimate purpose of this study is to offer meaningful data on the origin of Korean civil law in connection with law history and law coefficients by studying the frictions and clash between existing joint liability law in Japan, the unique joint liability concept during the Edo period, and newly-adopted joint liability law, which is the contemporary concept influenced by French law adopted during the process of reform and transformation after the Meiji Restoration.