고려대학교

초록/요약

A Minor's Capacity to Bind Himself/Herself to Contracts In Korea, youths under the age of 18 today are more sophisticated, knowledgeable, and active in the marketplace. Therefore, allowing them to avoid the consequences of their actions in that marketplace ignores reality. It destabilizes the whole marketplace as well. This Note seeks first to compare and contrast the current infancy doctrines of Korea and England and the United States because Anglo-American law today is a de facto international standard in terms of contract law. As compared with the infancy doctrines of England and the United States, the doctrines of Korea is much further from reality. Among other things under Anglo-American law, the necessaries doctrine(including beneficial service contracts) will be quite helpful to resolve the disparity between reality and theory in Korea. This Note seeks second to evaluate the idea of minor guardianship under Korean Civil Law on a human-rights point of view. In the 1950s when Korean Civil Law was enacted, the idea of minor guardianship in Korea was based on paternalism under the affect of the international trend at that times. But since then, the international trend have emphasized the right to self-determination rather than paternalism. Article 12 of the United Nations Children's Convention(1989) stresses the child's right to express his/her views and to have them given due weight in all matters affecting the child. In accordance with this new international trend, the idea of minor guardianship in Korea will have to be changed. Likewise, in terms of right to self-determination, contracts for necessaries and beneficial service contracts are necessary to minors in Korea.