Kwon, Youngjoon, A General Review on the Supreme Court Decisions on Civil Cases in 2019, Seoul Law Journal, Vol. 61, No. 1 (2020), pp. 465-624.
<Abstract>
The Supreme Court of Korea addressed diverse legal issues in numerous civil cases in 2019. Against this backdrop, this paper reviews fourteen Supreme Court decisions in the realm of civil law. These decisions address the following issues: the doctrine on abandonment the right to exclusively use and profit; the claim for extra pay and good faith principle; the application of the Article 495 of the Civil Code by analogy in the case of exclusion period; the relationship between title trust and performance for illegal cause; the retirement age of daily employed workers; the duty of care borne by online service providers; the duty to explain in a standard form contract; the acknowledgment of assignment of claim without reservation; objection against distribution and unjust enrichment; liability of possessor/owner of structure and the Hand formula; the legal effect of assignment of claim in violation of a non-assignment clause; the criteria in the case of reduction of child support; the presumption of paternity in the case of artificial insemination and discordance of genotype; the duty to support a spouse and contributory portion. I have introduced facts, rulings of each case and added my own legal analysis.
<Keywords>
the Right to Exclusively Use and Profit, Title Trust, Performance for Illegal Cause, Retirement Age, Objection against Distribution, Unjust Enrichment, Non-assignment Clause, Presumption of Paternity, Duty to Support a Spouse, Contributory Portion
Kwon, Youngjoon, A General Review on the Supreme Court Decisions on Civil Cases in 2019, Seoul Law Journal, Vol. 61, No. 1 (2020), pp. 465-624.
<Abstract>
The Supreme Court of Korea addressed diverse legal issues in numerous civil cases in 2019. Against this backdrop, this paper reviews fourteen Supreme Court decisions in the realm of civil law. These decisions address the following issues: the doctrine on abandonment the right to exclusively use and profit; the claim for extra pay and good faith principle; the application of the Article 495 of the Civil Code by analogy in the case of exclusion period; the relationship between title trust and performance for illegal cause; the retirement age of daily employed workers; the duty of care borne by online service providers; the duty to explain in a standard form contract; the acknowledgment of assignment of claim without reservation; objection against distribution and unjust enrichment; liability of possessor/owner of structure and the Hand formula; the legal effect of assignment of claim in violation of a non-assignment clause; the criteria in the case of reduction of child support; the presumption of paternity in the case of artificial insemination and discordance of genotype; the duty to support a spouse and contributory portion. I have introduced facts, rulings of each case and added my own legal analysis.
<Keywords>
the Right to Exclusively Use and Profit, Title Trust, Performance for Illegal Cause, Retirement Age, Objection against Distribution, Unjust Enrichment, Non-assignment Clause, Presumption of Paternity, Duty to Support a Spouse, Contributory Portion