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:
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 :
Possessory right
Ownership
Superficies
Right to registered lease on deposit basis, ‘Chonsegwon’,
Right of retention,
Pledge
* pledge of movables
* pledge of rights
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:
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.
General provision
Scope of family members and surname and origin of surname of child
