民法의 社會像과 情報提供義務

“Sozialmodell” of Civil Law and the Duty to Disclose Information

This paper focuses on the duty to disclose information. This duty is required due to the structural asymmetry, especially serious discrepancy in information, in modern society. Therefore, this duty is adapted in so-called “Consumer-Law”. However, there is a controversy concerning the necessity and method of the adaptation of this duty in civil law. This problem may be related to the understanding of “Sozialmodell” of civil law: autonomy-model, which guarantee the freedom of contract, should function as principle; equity-model, which can effectuate the fairness of contract, may work exceptionally where asymmetry between parties is structural. The duty to disclose information is one of the typical examples of the equity-model.