부분적 포괄대리권을 가진 사용인의 법적 쟁점

Abstract

According the commercial law, commercial employees can be classified into three general categories including managers, employees invested with partial comprehensive agency authority and employees of stores which sell goods. Among these people, employees invested with partial comprehensive agency authority have been raised many issues and legal problems. While managers and employees of stores which sell goods are well defined, the definition and scope of employees invested with partial comprehensive agency authority is somewhat vague and loosely defined. As a result, there has been an increasing number of legal matters regarding employees invested with partial comprehensive agency authority. For example, directors or department heads generally considered as employees invested with partial comprehensive agency authority. However, if they do not have the right, it is difficult to determine whether directors and department heads can be considered as employees invested with partial comprehensive agency authority. The commercial employee system in Korea was adopted from Japanese commercial employee system which was created based on the German system. In particular, the Japanese commercial employee system has improved with economic development and social change which provides us a practical implication for Korean commercial employee system. More importantly, commercial employee is not embodied in the commercial law per se but it actually reflects the current roles of commercial employee in the Korean society. In other words, it is necessary to improve the legislation as the scope and duty of commercial employee has been changed. As noted earlier, employees invested with partial comprehensive agency authority have been raised many issues and legal problems due to the fact that the commercial law or relevant legislation has not been responded the current status of employees invested with partial comprehensive agency authority. Therefore, the purpose of the current study is to review legal issues regarding employees invested with partial comprehensive agency authority. Moreover, this study attempts to provide a practical implication to this particular legal matter.