Civil Code of the Republic of Korea


The Civil Code of the Republic of Korea was passed in 1958 as Law No. 471 and is known in South Korea as one of the three fundamental laws, the other two being Criminal law and constitution. It is made up of five parts, Part I, Part II, Part III, Part IV, and Part V.

History

The South Korean Civil Code is the largest code among South Korean law. During the period of Japanese rule, Japanese civil code was used, but family law and succession law partially followed Korean customary rules. After the establishment of the South Korean government, the Committee of Law Compilation proceed to legislate civil code and other codes in 1948 and completed in 1953. The South Korean government supplied the draft to the legislature in 1954, which then passed the civil code into law in 1957 after some amendments, mostly relating to the family law.
After it was enacted, the South Korean civil code has been modified seven times. Especially in family law, patriarchal system of family law was abolished in order to achieve the equality of the sexes in 1990. For example, in the area of child custody, both parents came to have equal rights, and the household registration system was abolished as unconstitutional.

Contents

Part 1: General Provisions

General provisions is a basic principle applying to the substantive law, according to the "Pandekten system". In the section of source of law, customary law and sound reasoning are also considered as source of law. "Trust and good faith rule" is also stated in article 2.
General provisions consists of seven chapters:
  1. Common provisions
  2. Persons
  3. * capacity
  4. * domicile
  5. * absence and disappearance
  6. Juristic persons
  7. * incorporation
  8. * organization
  9. * dissolution
  10. * penal provisions
  11. Things
  12. Juristic acts
  13. * general provision
  14. * declaration of intention
  15. * agency
  16. * nullity and voidance
  17. * conditions and time
  18. Period
  19. Extinctive prescription

    Part 2: Property Rights

Property rights are influenced by Roman law and German law, but the "right to registered lease on deposit basis" has the most strong indigenous features. According to article 303, any person having chonsegwon is entitled to use it in conformity with its purposes and to take the profits from it by paying the deposit money and possessing the real property owned by another person.
In customary rule, customary superficies, right of grave base are also applied except nine rights written in the real rights part. In real estate, effect of changes in real rights is only valid by registration. This is because the rights and relations of real estate can be clear by the registration which serves the security of real estate contract.
Real rights consists of General Provisions and Servitude :
  1. Possessory right
  2. Ownership
  3. Superficies
  4. Right to registered lease on deposit basis, ‘Chonsegwon’,
  5. Right of retention,
  6. Pledge
  7. * pledge of movables
  8. * pledge of rights
  9. Mortgage

    Part 3: Claims

Claims consists of contract, management of affairs, unjust enrichment and tort. Contract part covers formation of contract, offer and acceptance and the kinds of contracts, gift sale and exchange, etc. In tort part, torts and damages are defined. Korean definition of torts is stated in article 750; "any person who causes losses to or inflicts injuries on another person by an unlawful act, willfully or negligently shall be bound to make compensation for damages arising therefrom".
Claims part consists of five chapters:
  1. General provisions
  2. * subject of claim
  3. * effect of claim
  4. * several obliges and obligors
  5. * assignment of claim
  6. * assumption of obligation
  7. * extinction of claim
  8. * debts and payable order
  9. * debts payable to bearer
  10. Contract
  11. * general provisions
  12. * gift
  13. * sale
  14. * effect of sale
  15. * contract of exchange
  16. * loan for consumption
  17. * lease
  18. * contract of employment
  19. * contract for work
  20. * advertisement for prize contest
  21. * mandate
  22. * bailment
  23. * partnership
  24. * life annuity
  25. * compromise
  26. Management of affairs
  27. Unjust enrichment
  28. Torts

    Part 4: Relatives

In South Korean law, the law on relatives and inheritance law comprise what is usually referred to as "family law" in legal studies. The law on relatives define marriage, parents and children, adoption, and the like. The Head of family system which gives benefit to the male member of family influenced the most part of South Korean family law before it was abolished by the Constitutional Court in 2005, because it was found to be against equality of sexes and human dignity. Therefore, in 2005, the modified civil code was enacted.
  1. General provision
  2. Scope of family members and surname and origin of surname of child
  3. Marriage
  4. * matrimonial engagement
  5. * formation of marriage
  6. * nullity and annulment of marriage
  7. * effect of marriage
  8. * divorce
  9. Parents and children
  10. * children of natural parent
  11. * adoption
  12. * parental authority
  13. Guardianship
  14. * duties of guardianship
  15. * termination of guardianship
  16. Family council
  17. Support

    Part 5. Inheritance

  18. Inheritance
  19. * general provisions
  20. * inheritor
  21. * effects of inheritance
  22. * acceptance and renunciation of inheritance
  23. * separation of property
  24. * absence of inheritor
  25. Wills
  26. * general provisions
  27. * forms of wills
  28. * effect of wills
  29. * execution of wills
  30. * withdrawal of wills
  31. Legal reserve of inheritance