공작물등 점유자·소유자 책임의 개선

초록

Enacted in February 1958, our Civil Code has undergone numerous revisions to reach its current form. Most of these revisions have focused on family law, including kinship and inheritance. This can be seen as a process of reforming the patriarchal and male-centered system of the past and incorporating the ideals of gender equality into our Civil Code. However, our Civil Code currently faces two significant challenges. The first is the emergence of various laws outside of the Civil Code. The second is the lack of significant changes in the property law area of ​​our Civil Code, making it unable to reflect the changing times. Outdated terminology exists, and outdated provisions fail to account for current real-world transactions. Furthermore, there are no provisions applicable to transactions involving digital content (digitale inhalte). Can we truly say that our Civil Code serves as a "social norm that facilitates everyday life"? To overcome these problems, attempts to revise the Civil Code were made in 2009 and 2014, but both failed. This paper was written to provide diversity and to provide policy support for the completion of the revision process. Specifically, it identified the need for revision of Article 758 of the Civil Code and proposed measures to address this need. To this end, the paper proposed a revised draft after conducting a theoretical review of the necessity of the revision, a comparative review of relevant laws, and a review of relevant legislation.

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