A Study on the Expansion of the Application Scope of Article 2(1) of the Civil Law

Abstract

The purpose of this study is to examine the problem of extending the scope of application of the principle of good faith stipulated in Civil Law and to suggest a reasonable plan. The principle of good faith, as an abstract ethical and moral norm, is the formative basis of law that embodies the content of individual legal norms. And as a living law that supplements and corrects the deficiencies of the existing legal system, it is a very important principle that plays various roles throughout civil law. However, since the specific details have not been finalized, it is true that the interpretation of the law or the expansion of the scope of application depend on the judgment. In addition, while many Supreme Court precedents that expand the scope of application of the principle of good faith have appeared recently, there is a voice of criticism that it cannot only harm legal stability but also make lawyers more vulnerable. Therefore, in this study, the concept of the principle of good faith, which is the guiding ideology of Civil Law, was comprehensively examined, as well as comparative legal review and problems resulting from the expansion of application by recent precedents. And, In terms of applying the principle of good faith, it was derived and suggested that it is desirable to exclude the application as much as possible when there are individual provisions in civil law and other laws and apply it when a just conclusion has not been drawn.