신원보증법에 관한 판례고찰

Abstract

The fidelity guarantee system, involving a lot of an unreasonable respects, generally used to the contract of employment. With the development of capitalism enterprise and the complication of social structure, the fidelity guarantee system, as a personal security, has been increased role in present society. The contract of the fidelity guarantee has often brings about a huge responsibility to a guarantor due to unexpected accident on the part of a guarantee. The employer has on economic profit by the employment contract, and commands and controls the guarantee. However a fidelity guarantor has no economic profit and doesn’t directly command and control the guarantee. And the contract of fidelity guarantee concluded according to the contents of the contract unilaterally made by the employer having the economic predominance. Moreover the contents and spheres of the fidelity guarantor’s responsibility are so large and infinite that the fidelity guarantor may suffer a serious damage. “The Fidelity Guarantee Law” is legislated to rationally regulate the fidelity guarantee relation, but this law, composed of 8 articles, is difficult for one to apply to essential problems. This paper, is to study and analyse the judicial precedents on the Fidelity Guarantee Law to operate rationally the fidelity guarantee system.