민･상법 연구기관의 설립 필요성 및 설립을 위한 제언 - 우리나라의 법무부 및 한국법학원의 민･상법 연구기관으로서의 기능에 대한 검토 -

초록

Although no national research institute has yet been established in Korea that is dedicated to academic research in the field of civil and commercial law, the practical need for research in these areas has long been evident. Accordingly, supplementary research organizations have been created within national institutions—legislative, administrative, and judicial bodies—for this purpose. The civil law, which constitutes the foundation of private law, requires long-term and structured study not only because of its status as a fundamental law but also due to its unique nature, which must be understood and explored through historical and comparative legal research. Also the commercial law, which forms the core legal framework underpinning the structure and competitiveness of the national economy. Therefore, it is essential to establish a systematic research capability that can respond promptly and rationally to developments in the international order. The current need for the fragmented research being conducted by the organizations such as the Korea Institute of Legal Studies under the Ministry of Justice and Korean Society of Law can be summarized as follows: research to connect academic scholarship with legislative support and the demand for legal interpretation; research to modernize the legal system in response to contemporary developments that cannot be addressed within the framework of traditional legal systems; and research on civil and commercial law systems that comply with international norms in the global market economy. Accordingly, one might consider adjusting the research scope of existing institutions and organizations through inter-agency consultations, and differentiating their areas of focus—such as establishing a Civil Law Research Center, a Commercial Law Research Center, a Comparative Law Research Center, and a Digital Legislation Center. From such an initiative to specialize and focus the research domains of each institution, the organizations could gradually expand based on their specialized research areas, ultimately leading to the integration of these bodies or the creation of a unified national research institute encompassing the existing structures. In the long term, once such a specialized research institute for civil and commercial law legislation is established, it should collaborate with the Ministry of Justice and the Legislative Office by participating in legislative advisory work and reviewing draft bills. It should also form an industry–academia–research network by undertaking joint projects with corporate legal departments, bar associations, and academic societies in the field of civil and commercial law. In addition, the institute should publish a regular academic journal and establish an open-access online database.

키워드