ScholarWorks@숙명여자대학교

초록

Most of joint liability provisions in Korean civil law stems from JapaneseMeiji Code Civil (Meiji Minpo-). Therefore, structure and content of jointliability law between the two are very similar. However, joint liability lawin Japanese Meiji Civil Code was largely based on the concept of jointliability initiated from yeonincha, an old custom of Japan, and relationshipbetween French civil law based on contemporary joint liability concept andprevious civil law of Japan. There used to be very few research referenceson the subject, but a thesis that explored such matter from a lawhistorical perspective was published recently in Japan. However, Korea hasseen almost no data including thesis on the custom and practices of jointliability in the country and how Japanese joint liability law was establishedin connection with its new contemporary concept. Thus, this study isaimed at exploring the process of Japanese joint liability law during itsMeiji era until its contemporary concept of joint liability was introduced inthe Meiji Civil Code. It constitutes the main content of Korean jointliability law in terms of law history and law coefficients. Specifically, thisstudy is intended to explore how Japanese joint liability law, which servesas major personal security in stimulating transactions and circulation ofcapital, has been established, along with request for modern property lawsin line with the process of capitalism development in Japan. The ultimatepurpose of this study is to offer meaningful data on the origin of Koreancivil law in connection with law history and law coefficients by studyingthe frictions and clash between existing joint liability law in Japan, the unique joint liability concept during the Edo period, and newly-adoptedjoint liability law, which is the contemporary concept influenced by Frenchlaw adopted during the process of reform and transformation after theMeiji Restoration.

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