남북가족특례법의 쟁점과재산관리인의 권한

Abstract

This thesis examines the problems of the Act on Special Cases for Inter-Korean Families (the Act on Sepceial Cases Concerning Family Relationships, Inheritance, etc. Between Residents in South and North Korea) regarding the authority and duty of care and due diligence of legal property managers of the North Korean residents’ property in South Korea, and suggests the device on revision. Regarding Article 18 of the Act on Special Cases, ‘authority of legal property managers,’ the scope of an agent’s authority (Articles 118 and 25 of the South Korea’s Civil Code) should be reviewed and legislative supplements should be prepared. This paper proposes to stipulate that all acts of making and acts of improving other than preservation activities should be subject to permission from the Minister of Justice as an amendment to Article 18 of the Act on Special Cases. Another amendment is to establish specific instances of “acts not exceeding authority” as a new paragraph (3) under Article 18 of the current Act on Special Cases. Article 14 of the Act on Special Cases requires ‘duty of care and due diligence’ from property managers, but in reality, there are frequent cases of property managers violating this law, so legislative supplementation is needed. It is proposed to exemplify legal acts that violate the duty of care and due diligence and to provide for the prohibition of such legal acts in Article 14 of the Act on Special Cases. It is also proposed to establish a new regulation that compels the property manager to inform the other party in transactions of the contents of the registration ledger.