자기신탁에 관한 고찰 － 『신탁법』개정안을 중심으로 －

Abstract

Under the reform bill for Korean Trust Act, it permits that the owner of property declares that he/she holds his/her identifiable property as a trustee. It is called "declaration of trust". We call the trust by "Declaration of trust" "declared trust". It has been interpreted not to be allowed in current Korean Trust Act. On the reform bill for Korean Trust Act, it is adopted. To review the "declared trust" of the reform bill for Korean Trust Act, we need to study the concept, the needs and validity of it. And also it's useful to make a comparison between that in Japan and that in U.S.A or in U.K. Further, we need to consider the issues involved to it. Through doing this, We can make up the weak points of the reform bill. In this context, this article shall analyze above-mentioned issues and derive the improvement the defects of the matter in the reform bill for Korean Trust Act. Through the study it suggests that the reform bill should examine that in a case where the trustee in the declared trust become only one beneficiary it could be a reason of termination of trust or at that time we could permit the supplement of the beneficiary within a certain period of time. And it suggests that it should be needed to check more deeply about whether the preventive or remedial measure of this system is proper and sufficient or not. Because a very special regard is paid to the massive commercial trusts in the reform bill, the preventive or remedial measure of this system is complicated and hard to use. So, if the trust is used well in the personal area, it'll ask for simpler preventive or remedial measure than that in current reform bill. Declared trust is special and unique for the registration in the trustee name is already done. So, it is needed skillful registration system for declared trust to protect the third. And to prevent the abuse of declared trust we also try to regulate related matters under Trust Business Act.