환경보호수단으로서의 신탁에 관한 연구 - 공공신탁, 공익신탁 및 국민신탁을 중심으로 -

Abstract

It is very important to protect environment. It is not enough only with methods from the public law to do it. Trust could be a supplementary method. This essay deals with public trust, charitable trust and national trust as a method to protect environment. First, it introduces the public trust of the American law and checks up its applicability to Korea. Till now, it has been said that public trust theory can not be applied in Korea without new legislation. This essay suggests that it could be applied in Korea without it. It is possible even only with Korean current laws and judicial prededents. Second, it touches the charitable trust in the Korean Trust Law and shows that it could be used as a method to protect environment. It is so meaningful that the charitable trust can be created as a perpetual trust in the viewpoint of protecting environment. Third, it briefly introduces the national trust from England. It also introduces the national trusts both by citizen campaigns and by the law(The National Trust Law for National Trust, Cultural Heritage and Natrual Environment Heritage). We don't have enough research on the law because we have not had enough experience. This essay tries to define the national trust and relating concepts. Further, it studies the law and legal issues on it. Finally, it gives a broader definition of trust and proposes a big system in which the relating concepts locate according to the scope and the legal effects of theirs. Those are public trust, trust by the law, national trust, title trust and trust by the civil law jurisprudence.