공증제도 개선에 대한 비판적 고찰 - 자기계약·쌍방대리금지를 중심으로 -

Abstract

Korea has recently sought significant changes in notarial system. It has laid down the provision of a content stating that a notary public has a status as a public official by amending Article 2 in 2008, the Notary Public Act and introduced the oath certification system to guarantee the authentication of the certificate content in 2009, introduced an adult guardianship system by amending the Civil Law in 2011, mandated preparation of an authentic document in entering into a sponsor contract (voluntary sponsor) and introduced an electronic notarization system granting certification to an electronic document by a designated notary public in 2012. Also in 2013, it amended the Notary Public Act as allowing the preparation of an execution deed by notarization in case that delivery of building, land, specific movable property. Also the Ministry of Justice In addition, the Department of Justice in 2013. 10. Notary as to prevent one bad practice guidelines for the establishment and enforcement under way. Also Ministry of Justice has been enacting and enforcing business process guidelines to prevent improper notarization. This struggle for improving notary services is construed as the business itself performs the role of preventive judicial law. Trial affairs rest on their fairness and adequacy as they aims at protecting national rights and profits. Notary services, in that sense, the above series of reforms to improve the system of notary services as above are certainly important and necessary, worth much in favor. So it is natural to look into this legislation introduced for this purpose would increase the effectiveness with that effect or if there would be any problem conflicting with other legislation. Thus, this paper will examine into an affidavit certification by a notary public affecting the role of judicial prevention absolutely, preparation of a notary deed in entering into sponsorship contract and preparation of a notary deed to legal act concerning delivery of a building, land, specific movable property, consider if there is any problem of legal principle with the representation system in Civil Law and present the problems and improvements and expect it would be a reference to a related legislation future.