변호사의 상인성에 관한 연구

• 영문명: Merchant characteristics of the lawyer
• 발행기관: 충북대학교 법학연구소
• 저자명: 정성숙(Jeong Seong suk)
• 간행물 정보: 『법학연구』第25卷 第1號, 261~295쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

The lawyer supports basic human rights, realizes social justice, accomplisches duties seriously, maintains social order and must make an effort for improvement of the legal system. The lawyer accomplishes as a law specialist with the publicity duties freely independently. This is right duties with the mission of the lawyer. Nevertheless there are people insisting on merchant characteristics of the lawyer. The reason is next : The duties activity of the lawyer takes on a commercial inclination. So the social recognition changed. So the people are seen because a lawyer works on duties for the purpose of profit. However, the law limits the profit activity of the lawyer strictly, the law emphasizes publicity and the ethicality of lawyer duties again. Therefore, the activity of the lawyer and the activity of the merchant must be assorted. In other words, there is a difference in the business activity of the merchant and the duties of the lawyer essentially. There is not the social economic need or a request to apply the commercial law to a lawyer. A lawyer is not a person doing business by the method of the merchant for such a reason. In other words, it is not a merchant. Therefore commercial law that not to hold assuming profit will have to be applied mutatis mutandis the duties activity of the lawyer.

목차

Ⅰ. 서론

Ⅱ. 변호사의 직무

Ⅲ. 판례와 학설에 따른 변호사의 상인성

Ⅳ. 의제상인여부의 검토

Ⅴ. 결론

참고문헌

키워드

변호사의 법적 지위 변호사의 직무 변호사직무의 공공성 변호사의 사명 변호사의 상인성 당연상인 의제상인 영리성 Person of free occupation Profit activity Lawyer Duties of the lawyer Mission of the lawyer Merchant qualification Imitation merchant