법인격의 형성과 발전- 새로운 법인격 개념의 정립은 필요한가? -

초록

The Korean Civil Code recognizes natural person and legal entity as subjects of rights. In other words, natural person and legal entity have respectively legal personality and have complete legal capacity as legal subjects to which rights and obligations belong. The idea of a legal personality is based on the equality and dignity of human beings and has been extended to legal entities in the modern civil code. However, this orthodox explanation of legal personality is being challenged today. The question of whether legal capacities are relativizable or only partially recognizable, the question of whether the rights and obligations attributable to the legal subject can be separated from each other, the question of whether the legal personality of a legal entity recognized by law can be denied even for reasons not stipulated in the law and whether the legal capacity of a corporation is recognized only within the scope of the purpose of its establishment and the question of whether legal personality can be recognized not only for natural persons and legal entity, but also for artificial intelligence robots and animals are the recently rising issues. This paper was written to consider the formation, development or challenge of the concept of legal personality with such a sense of problem(Ⅰ.). In order to answer the recent questions related to legal personality, it is necessary to examine how the concept of legal personality was formed in the legal historical context and how it has been developed. Accordingly, this paper examines the formation process of legal personality in II. from the point of view of legal history. Based on this, in Ⅲ. the author presented the views by outlining the new and challenging tasks that have been recently raised for legal personality. In Ⅳ. the author concludes that the traditional concept of legal personality based on human-centered personality is still valid today, and he is skeptical of the post-human-centered concept of personality that attempts to recognize legal personality even for artificial intelligence robots and animals.

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