辯護士의 職務行爲로 인한 民事過失責任法理 : -專門家責任法의 관점에서- = On the Civil Liability Principles of Legal Practitioners

다국어 초록 (Multilingual Abstract)

다국어 초록 (Multilingual Abstract)

A. This paper is the civil liability principles of legal practitioners on the professional practice. Attorneys are not only the supporter to his client but also the guardian as the legal profession. But attorneys must compensate for his client's loss if they failed to pay their attentions to that. It is the most important factors what are legally required care in the theory of liability. It is very difficult to clarify attorney's duty because the liability system is generally appeared by :suit in suit".
B. In this paper, I studied the attorney's duty by a comparative analysis of care duties of sttorney are necessary for a purpose to systematize as follows;
1) the basically professional duties of the counsel and suit in the legal problems: "Hauptpflicht" in Germany.
2) the duties to scrutinize any contract and to disclose the possible consequences
3) the duties to investigate and research to the legal problems
4) the duties to exercise th legal advice and legal representation
5) the duties to make full and fair disclosure to the client
6) the duties to hnadle the affairs for his client
7) the duties to support the public good
8) the duties to ensure the chance for his client, etc:from 2)to 8)in "Nebenspflicht" in Germany.
C. These are systematized to clarify the attorney's duties. Namely, these duties of the attorney run parallel with the standard of care required legally in the lawsuit. That is, attorneys must use skill, prudence, and diligence as attorneys of ordinary skill and capacity commonly possess and exercise in the performance of the tasks which they undertake. This is the common rule that is applicable to the general tort liability.
But attorneys are the learned profession. And so, the special obligation of the professional is exemplified by his duty not merely to perform his work with ordinary care but to use the skill, prudence and diligence commonly exercised by practitioners of his profession.
As the result, attorneys are required to exercise due care in the handling of the affairs of his client and must perform his professional duties to the best of his ability because the relation between attorney and client is a fiduciary one. It is a characteristic of professional liability.
Consequently, it is made out that attorney's negligence is connected with B(systematized duties) and C(the standard of care).

목차 (Table of Contents)

• Ⅰ. 問題의 提起
• Ⅱ. 辯護士와 依賴人 및 第三者間의 法律關係
• 1. 辯護士와 依賴人의 法律關係
• 2. 辯護士와 第三者間의 法律關係
• Ⅲ. 辯護士의 訴訟遂行上의 義務
• 1. 訴訟制度의 目的
• 2. 眞實義務
• 3. 專門的 配盧義務(忠實義務·善管義務)
• Ⅳ. 比較法的 事例分析
• 1. 獨 逸
• 2. 美 國
• 3. 日 本
• 4. 韓 國
• Ⅴ. 辯護士의 義務類型
• 1. 事例分析結果와 그 類型
• 2. 成實義務에 관한 論爭-善管義務와의 관련
• Ⅵ. 結 論-辯護士의 義務構造