Chapter 1 General Provisions of Civil Law

Section 1 Introduction
Ⅰ.
What is Civil Law? ·3
Ⅱ.
Civil Law Courts ·7
Ⅲ.
History and Structure of the Civil Code ·13
Ⅳ.
Basic Principles of Civil Law ·16
Section 2 Rights
Ⅰ.
Legal Relations ·20
Ⅱ.
The Meaning of Rights and Obligations ·22
Ⅲ.
Types of Rights (Private Rights) ·24
Ⅳ.
Exercise of Rights and Performance of Obligations ·29
Section 3 Legal Acts
Chapter 1 General Theory of Rights Change
Ⅰ.
Introduction ·33
Ⅱ.
The appearance of a change in rights (legal effect) ·34
Ⅲ.
Causes of Rights Change ·36
Ⅳ.
The Importance of Legal Acts as Legal Requirements ·38
Chapter 2: Basic Theory of Legal Acts
Ⅰ.
The meaning and nature of legal acts ·39
Ⅱ.
Expression of Intention as a Component of a Legal Act ·42
Ⅲ.
Requirements for Legal Acts ·45
Ⅳ.
Types of Legal Acts ·47
V.
Interpretation of Legal Acts ·51
Article 3 Capacity to Act
Ⅰ.
Introduction ·56
Ⅱ.
General Theory of Actual Capacity ·56
Ⅲ.
Minor ·58
Ⅳ.
Guardian ·61
V.
Limited guardianship ·62
Ⅵ.
Specific guardian ·64
Ⅶ.
Protection of the other party of a person with limited capacity ·65
Article 4 Purpose of Legal Acts
Ⅰ.
Introduction ·67
Ⅱ.
Certainty of purpose ·68
Ⅲ.
Feasibility of the goal ·68
Ⅳ.
Legitimacy of purpose ·70
V.
Social validity of purpose ·72
Article 5 Defective Expression of Intent
Ⅰ.
Overview ·75
Ⅱ.
Untrue expression of intent ·75
Ⅲ.
False labeling ·77
Ⅳ.
Error ·80
V.
Fraud? Manifestation of intent by compulsion ·83
Article 6. Effectiveness of Expression of Intent
Ⅰ.
Introduction ·85
Ⅱ.
Effective Date of Expression of Intent (Principle of Arrival) ·85
Ⅲ.
Public notice of declaration of intent ·86
Ⅳ.
Capacity to receive expressions of intent ·86
Article 7 Agency for Legal Acts
Ⅰ.
Introduction ·87
Ⅱ.
Power of Attorney ·89
Ⅲ.
Agency ·93
Ⅳ.
The effect of agency ·95
V.
Bokdaeri ·96
Ⅵ.
Unauthorized proxy ·97
Article 8 Invalidity and Cancellation of Legal Acts
Ⅰ.
Introduction ·101
Ⅱ.
Invalidity of Legal Acts ·102
Ⅲ.
Cancellation of Legal Acts ·104
Article 9. Supplementary provisions of legal acts (conditions and deadlines)
Ⅰ.
Introduction ·107
Ⅱ.
Condition 107
Ⅲ.
Period: 108
Section 4 Period
Ⅰ.
The significance of the period ·111
Ⅱ.
Calculation method for period ·111
Ⅲ.
Period Reverse Calculation Method ·113
Section 5 Statute of Limitations
Ⅰ.
Introduction ·114
Ⅱ.
Requirements for the Statute of Limitations ·115
Ⅲ.
Suspension of the Statute of Limitations ·117
Ⅳ.
Suspension of the Statute of Limitations ·119
V.
Effect of the Statute of Limitations ·119
Section 6 Subject of Rights
Chapter 1 Introduction
Ⅰ.
Subject of Rights and Capacity for Rights ·121
Ⅱ.
Persons with legal capacity ·122
Ⅲ.
Distinction between Legal Capacity and Capacity to Act ·123
Chapter 2 Nature
Ⅰ.
Natural Person's Legal Capacity ·123
Ⅱ.
Address ·127
Ⅲ.
Absence and Disappearance ·128
Article 3 Legal Person
Ⅰ.
Introduction ·132
Ⅱ.
Establishment of a Corporation ·134
Ⅲ.
Corporation's Capacity ·135
Ⅳ.
Corporate body ·137
V.
Address of the corporation ·137
Ⅵ.
Amendment of Articles of Incorporation ·137
Ⅶ.
Dissolution of a Corporation ·138
Section 7: Objects
Ⅰ.
General Theory of the Object of Rights ·139
Ⅱ.
The meaning and types of objects ·139
Ⅲ.
Real Estate and Personal Property ·141
Ⅳ.
Main and secondary objects ·143
V.
Raw materials and fruits ·143

Chapter 2 Water Rights Law

Section 1 Introduction
Ⅰ.
General Theory of Property Law ·147
Ⅱ.
The Essence of Property Rights ·149
Ⅲ.
Types of Property Rights ·152
Ⅳ.
Effect of Property Rights ·155
Section 2 Changes in Property Rights
Chapter 1 Introduction
Ⅰ.
The Significance of Property Rights Change ·159
Ⅱ.
Types of Property Rights Changes ·159
Ⅲ.
Property Rights Transfer and Public Notice ·160
Ⅳ.
The Principle of Public Notice and the Principle of Public Trust ·162
V.
Explanation of the order of property rights transfer ·163
Section 2 Real Rights Act
Ⅰ.
The Significance of Property Rights ·164
Ⅱ.
Property Rights Act and Public Notice Method ·166
Ⅲ.
The Independence of Property Rights ·168
Ⅳ.
The Inhumanity of Property Rights ·170
Chapter 3: General Theory of Real Estate Registration
Ⅰ.
The Significance of Real Estate Registration ·172
Ⅱ.
Real Estate Registry ·172
Ⅲ.
Types of registration ·174
Ⅳ.
Registration Procedure ·176
V.
Registration claim ·181
Article 4 Changes in Real Estate Rights
Ⅰ.
Introduction ·182
Ⅱ.
Changes in real estate rights through legal acts ·182
Ⅲ.
Real estate rights transfers not through legal acts ·190
Article 5 Changes in movable property rights
Ⅰ.
Introduction ·191
Ⅱ.
Acquisition from the rights holder ·191
Ⅲ.
Acquisition in Good Faith (Acquisition from an Unauthorized Person) ·194
Article 6 Changes in Property Rights Regarding Land Properties
Ⅰ.
Changes in Property Rights Regarding Trees ·197
Ⅱ.
Transfer of Property Rights by the Master's Method ·197
Article 7 Extinction of Property Rights
Ⅰ.
Introduction ·198
Ⅱ.
Confusion ·198
Section 3 Possession and Ownership
Article 1 Right of possession
Ⅰ.
Introduction ·200
Ⅱ.
Occupancy ·201
Ⅲ.
Effect of Possession ·204
Ⅳ.
Semi-possession ·208
Article 2 Ownership
Ⅰ.
Introduction ·209
Ⅱ.
Scope of Real Estate Ownership ·210
Ⅲ.
Acquisition of Ownership ·215
Ⅳ.
Property rights based on ownership ·221
V.
Joint ownership ·221
Section 4 Usufruct
Section 1 Ground Rights
Ⅰ.
The Meaning and Legal Nature of Surface Rights ·226
Ⅱ.
Acquisition of surface rights ·227
Ⅲ.
Duration of surface rights ·228
Ⅳ.
Special ground rights ·229
Section 2 Regional Area
Ⅰ.
The Meaning and Legal Nature of Regional Rights ·231
Ⅱ.
Types of Regional Rights ·233
Ⅲ.
Acquisition of regional rights ·233
Ⅳ.
Special Area ·233
Volume 3, all three volumes
Ⅰ.
Introduction ·234
Ⅱ.
Acquisition and Duration of Leasehold Rights ·236
Ⅲ.
Disposition of Leasehold Rights ·237
Ⅳ.
Effects of Termination of Leasehold Rights ·238
Section 5 Security Rights
Chapter 1 Introduction
Ⅰ.
Collateral System ·240
Ⅱ.
Types of Physical Collateral ·242
Ⅲ.
Collateral ·243
Article 2, Right to Detention
Ⅰ.
The Meaning and Legal Nature of Childcare ·244
Ⅱ.
Establishment of kindergarten rights ·246
Ⅲ.
The Effect of Child Support ·247
Article 3 Right of Liability
Ⅰ.
The Meaning and Types of Lien ·248
Ⅱ.
Mortgage of personal property ·249
Ⅲ.
Lien ·253
Article 4 Mortgage Rights
Ⅰ.
The Meaning of Mortgage ·255
Ⅱ.
Establishment of a Mortgage ·255
Ⅲ.
Effect of Mortgage ·257
Ⅳ.
Special Mortgage ·261
Section 5: Mortgage Rights over Movable Property? Mortgage Rights over Debt
Ⅰ.
Introduction ·264
Ⅱ.
Mortgage Interest ·265
Ⅲ.
Secured Debt ·266
Ⅳ.
Special provisions for intellectual property rights ·267
Article 6 Non-standard Collateral
Ⅰ.
Introduction ·267
Ⅱ.
Registered mortgage ·269
Ⅲ.
Assignment of Collateral ·271

Chapter 3 General Provisions of Bond Law

Section 1 Introduction
Chapter 1 General Theory of Bond Law
Ⅰ.
The Significance of the Bond Act ·277
Ⅱ.
Contents of Civil Code, Part 3, Claims (Formal Claims Law) ·278
Ⅲ.
Characteristics of the Bond Act ·280
Article 2 The Nature of Bonds
Ⅰ.
The Meaning of Bonds ·281
Ⅱ.
Characteristics of Bonds ·282
Ⅲ.
Bonds and Claims ·282
Ⅳ.
Bonds and Creditor Relationships ·283
V.
Effect of Bonds ·283
Section 2 Occurrence of Debt
Ⅰ.
Overview of the Origins of Bonds ·290
Ⅱ.
Creation of debt through legal act ·290
Ⅲ.
Occurrence of claims under the provisions of law ·291
Section 3 Purpose of Bonds
Ⅰ.
General Theory ·293
Ⅱ.
Specific Bonds ·298
Ⅲ.
Type bonds ·299
Ⅳ.
Cash claims ·300
V.
Interest-bearing bonds ·303
Ⅵ.
Optional Bonds ·306
Section 4 Default and Creditor Delay
Article 1 Default
Ⅰ.
Introduction ·308
Ⅱ.
Review of Defaults by Type ·309
Ⅲ.
Compensation for damages ·314
Ⅳ.
Enforcement (Forcing Actual Performance) ·319
Article 2 Creditor Delay
Ⅰ.
321
Ⅱ.
Legal nature ·322
Ⅲ.
This is ·322
Ⅳ.
Effect ·323
Section 5 Preservation of Liability Property
Ⅰ.
Introduction ·324
Ⅱ.
Subrogation of creditors ·325
Ⅲ.
Creditor's Right of Cancellation ·327
Section 6 Creditor relationship between multiple parties
Ⅰ.
Introduction ·331
Ⅱ.
Split Debt Relationship ·333
Ⅲ.
Inseparable Obligations ·334
Ⅳ.
Joint and several debts ·336
V.
Guaranteed Debt ·343
Section 7 Assignment of claims and assumption of debts
Article 1 Assignment of Claims
Ⅰ.
The significance of assignment of bonds ·349
Ⅱ.
Transfer of Designated Bonds ·349
Ⅲ.
Transfer of Securities ·352
Section 2 Debt Assumption
Ⅰ.
The significance of debt assumption ·353
Ⅱ.
Transferability of Debt and Its Limitations ·354
Ⅲ.
Parties to the acquisition contract ·354
Ⅳ.
A system similar to debt assumption ·355
Section 8 Extinction of Debt
Ⅰ.
The Extinction of Bonds and Their Causes ·357
Ⅱ.
Payment ·358
Ⅲ.
Compensation in kind ·365
Ⅳ.
Public deposit ·366
V.
Sang-gye ·367
Ⅵ.
Gyeong Gae ·369
Ⅶ.
Exemption ·369
Ⅷ.
Confusion ·369

Chapter 4: General Theory of Bond Law

Section 1 General Provisions of Contracts
Ⅰ.
The Meaning of the Contract ·373
Ⅱ.
Freedom of Contract and Its Limits ·374
Ⅲ.
Contracts and General Terms and Conditions ·376
Ⅳ.
Types of Contracts ·377
V.
Establishment of a Contract ·381
Ⅵ.
Validity of the Contract ·388
Ⅶ.
Termination of contract? Cancellation ·393
Section 2 Contractual Theory
Article 1 Donation
Ⅰ.
The Meaning of Gifts ·399
Ⅱ.
Effect of Gift ·399
Ⅲ.
Special Gift ·400
Chapter 2 Sale
Ⅰ.
The Meaning of Trading ·401
Ⅱ.
Special Issues Related to the Establishment of a Transaction ·404
Ⅲ.
Effect of Sale ·404
Section 3 Exchange
Ⅰ.
of the ·411
Section 4 Consumer Loans
Ⅰ.
The Meaning and Legal Nature of Consumer Loans ·411
Ⅱ.
Establishment of consumer loans ·412
Ⅲ.
Reservation of Repayment and Protection of Borrowers ·412
Ⅳ.
Semi-consumer loan ·413
Section 5: Loan of Use
Ⅰ.
of the ·414
Ⅱ.
Duty of Care ·414
Article 6 Lease
Ⅰ.
The Meaning of Lease ·415
Ⅱ.
Strengthening of real estate lease rights (property rights) ·415
Ⅲ.
Duration of Lease ·416
Ⅳ.
Landlord's Obligations ·417
V.
Tenant's Rights ·418
Ⅵ.
Assignment of Leasehold Rights and Sublease of Leased Property ·419
Ⅶ.
Deposit and key money ·421
Ⅷ.
Special Lease ·422
Article 7 Employment
Ⅰ.
of the ·425
Section 8
Ⅰ.
The Meaning of Contracting ·425
Ⅱ.
Obligations of the recipient ·426

Article 9 Travel Contract
Ⅰ.
The Meaning of Travel Contracts ·428
Ⅱ.
Obligations of Tour Organizers ·428
Ⅲ.
Traveler's Obligations ·429
Ⅳ.
Other Special Provisions ·429
Hall 10 Phenomenon Advertisement
Ⅰ.
of the ·430
Article 11 Delegation
Ⅰ.
of the ·430
Ⅱ.
Legal nature ·431
Ⅲ.
Duties of the Agent ·431
12th Hall Lim Chi
Ⅰ.
of the ·433
Ⅱ.
Legal nature ·433
Ⅲ.
The Obligations of a Person of Shame ·433
Ⅳ.
Special Temporary Restraint ·434
Article 13 Union
Ⅰ.
The significance of the combination ·435
Ⅱ.
The Significance of a Union Agreement ·436
Ⅲ.
Union's internal relations ·436
Ⅳ.
Union External Relations (Union Agency) ·437
V.
The property relations of the union ·438
Article 14 Lifetime Annuity
Ⅰ.
of the ·440
Article 15 Reconciliation
Ⅰ.
of the ·440
Ⅱ.
Effectiveness ·441
Section 3 Office Management
Ⅰ.
The Meaning and Nature of Office Management ·443
Ⅱ.
Requirements for Establishing Office Management ·443
Ⅲ.
The Effectiveness of Office Management ·444
Section 4 Unjust Enrichment
Ⅰ.
The Meaning and Nature of Unjust Enrichment ·446
Ⅱ.
General Requirements for Unjust Enrichment ·447
Ⅲ.
Special Cases Concerning Unjust Enrichment ·449
Ⅳ.
The Effects of Unjust Enrichment ·452
Section 5 Unlawful Acts
Chapter 1 Introduction
Ⅰ.
The Meaning and Nature of Illegal Acts ·454
Ⅱ.
Civil and Criminal Liability ·455
Ⅲ.
Negligence and Strict Liability ·457
Ⅳ.
The Relationship Between Tort Liability and Contractual Liability ·459
Article 2 Requirements for the Establishment of General Torts
Ⅰ.
Overview ·460
Ⅱ.
Intentional or negligent act by the perpetrator ·460
Ⅲ.
The perpetrator's responsibility ·461
Ⅳ.
Illegality of the Harmful Act ·462
V.
Damage caused by acts of harm ·465
Article 3 Special Unlawful Acts
Ⅰ.
Introduction ·466
Ⅱ.
Supervisory responsibility of an incompetent person ·467
Ⅲ.
User Responsibilities ·467
Ⅳ.
Possessor of a work, etc.? Owner's Responsibilities ·469
V.
Animal Owner Responsibilities ·470
Ⅵ.
Joint Tort ·471
Article 4 Effects of Unlawful Acts
Ⅰ.
Occurrence of a claim for damages ·472
Ⅱ.
Claimant for damages ·472
Ⅲ.
Subrogation of the indemnifier ·475
Ⅳ.
Statute of limitations for claims for damages ·475
V.
Method of Compensation ·476
Ⅵ.
Scope and Amount of Damages ·476

Chapter 5 Inheritance Law

Section 1 Introduction
Ⅰ.
The Significance of the Family Inheritance Act ·483
Ⅱ.
Characteristics of the Law of Inheritance by Family ·484
Ⅲ.
Court of Inheritance Law ·485
Ⅳ.
Act on Registration of Family Relations, etc. and the Domestic Relations Litigation Act ·486
V.
Rights and Legal Acts under the Family Inheritance Act ·489
Section 2: Law of Family
Article 1: Kinship
Ⅰ.
Kinship and kinship ·491
Ⅱ.
The Meaning and Types of Kinship ·493
Ⅲ.
Scope of kinship ·495
Chapter 2 Marriage
Ⅰ.
Engagement ·496
Ⅱ.
Establishment of Marriage ·498
Ⅲ.
Invalidity and Annulment of Marriage ·501
Ⅳ.
Effects of Marriage ·503
V.
This divorce ·506
Ⅵ.
Common-law marriage ·513
Chapter 3 Parents and Children
Ⅰ.
Parent-child relationship ·515
Ⅱ.
biological child ·516
Ⅲ.
Yang Ja ·523
Article 4 Parental Rights
Ⅰ.
Introduction ·530
Ⅱ.
Parental authority ·531
Ⅲ.
Contents of Parental Rights ·533
Ⅳ.
Termination, Suspension, Restriction, and Restoration of Parental Rights ·535
After the 5th section
Ⅰ.
538
Ⅱ.
Guardianship of Minors and Guardianship of Adults ·538
Ⅲ.
Limited Guardianship and Specific Guardianship ·546
Ⅳ.
Guardianship Agreement (Voluntary Guardianship System) ·547
Article 6, Subordinate
Ⅰ.
Introduction ·550
Ⅱ.
Dependent Party ·551
Section 3 Inheritance Law
Chapter 1 Introduction
Ⅰ.
The Meaning of Inheritance ·553
Ⅱ.
Types of Inheritance ·553
Chapter 2 Inheritance
Ⅰ.
Commencement of Inheritance ·554
Ⅱ.
Heir ·556
Ⅲ.
Effect of Inheritance ·561
Ⅳ.
Acceptance and Waiver of Inheritance ·568
V.
Separation of Property ·573
Ⅵ.
Absence of an heir ·573
Article 3 Will
Ⅰ.
Introduction ·575
Ⅱ.
Method of Will ·577
Ⅲ.
Withdrawal of the Will ·580
Ⅳ.
The Effect of a Will ·581
V.
Execution of the Will ·584
Chapter 4: Oil Division
Ⅰ.
Introduction ·585
Ⅱ.
Scope of the oil spill ·587
Ⅲ.
Preservation of the oil reserves ·589
Item Index ·591

Preface to the 17th Edition

The author, both when first writing this book and while preparing for revision, constantly ponders how to make civil law more understandable to those studying it for the first time.
So, while maintaining accuracy, I try to explain things as concisely and easily as possible, and to help understanding, I provide specific examples here and there, and also cite civil law provisions and case law.
Furthermore, it also explains the contents of procedural laws such as the Civil Procedure Act, which are necessary for understanding the detailed contents of the Civil Act.
This part of the book is not included in detailed civil law books.
That is one of the important reasons why you should study civil law first with this book.

The major changes in the 17th edition of this book are as follows:
In the year since the publication of the 16th edition of this book, there have been many revisions and enactments of special civil laws, including the Act on Registration of Loan Businesses and Protection of Financial Users (abbreviated as the Loan Business Act), and there have also been revisions to Supreme Court rules, such as the Real Estate Registration Rules.
In this 17th edition, we have researched and explained these laws and Supreme Court rules up to date.
And some parts of the existing content were found to be somewhat insufficient, so they were revised.


In this edition, the cover has been changed from a hardcover to a softcover.
So, we wanted to reduce the production cost and ease the burden on readers even a little.

Many people helped make this book possible.
First of all, Chairman Jong-man Ahn and CEO Sang-jun Ahn of Park Young-sa encouraged and supported the revision of this book.
And Kim Seon-min, the editorial director of Park Young-sa, did a great job creating this book, and Jo Seong-ho, the publishing planning director, actively helped publish this book.
I would like to express my deepest gratitude to all those who helped me, including these people.

2026.
1
Written by Song Deok-su