부분적 포괄대리권을 가진 상업사용인의 권한범위에 관한 최근판례 연구 - 대법원 2009.5.28. 선고 2007다20440, 20457 판결 -

Abstract

Under the Korean Commercial Code Article 15, an employee who has been entrusted with certain branches of business or specified matters relating to business may effect all acts other than judicial acts and any restriction upon the authority of the employee shall not be effective against a third person acting in good faith. Therefore, an limitation on the employee's authority can be asserted as against a third person only if the third person knew or ought to have known therof under the Korean Civil Code Articles 125 and 126. And the name of the employee, contrary to the Manager, does not have to be registered on the Commercial Register by the merchant. This Article examine the scope of the authority of the employee invested with partial comprehensive agency authority on the certain branches of business or specified matters relating to business. Especially the Article investigates the standards defining the boundary of the certain branches of business or specified matters relating to business. However, when a person has been given a title of the employee invested with partial comprehensive agency authority on the certain branches of business or specified matters relating to business, shall the person be deemed to have the same authority as that of the employee invested with partial comprehensive agency authority? In order to answer to this question, the Article also explain the matter of the apparent agent under the Korean Civil Code for determining the employee's responsibility through the recent Korean Supreme Court Decision.