代理權濫用에 대한 당사자의 책임이론

Abstract

An Obligation Theory on Abuse of the Agent's AuthorityJung, Hae-SangThe abuse of the agent's authority is a problem related to the juristic act for the principal. The abuse of the agent's authority is that a agent does not represent against the scope of his authority, but without the declaration of intention for principal.But authorized and apparent representation are problems related to the scope of the agent's authority. They are that an agent performs a juristic act without power of representation and in excess of his authority respectively.As article 124 in Civil Act, an agent shall not perform a juristic act for the principal to which the agent himself is the other party, or shall not become agent of both parties to one juristic act, so the nature of the law in representation obliges a agent to declare the intention for interest of the principal. The defect of the intention makes the juristic action for the principal to applicate of article 107 in Civil Act. A declaration of untrue intention, the abuse of the agent's authority, shall be void if the other party was aware, or should have been aware, of the real intention of the agent.Such theory on the abuse of the agent's authority will be adapted to the abuse of the director's authority and manager's.