민법상 타인을 위한 행위 제도의 비교 - 대리, 위임, 사무관리 - = Comparative processing of legal act for another person in the Korean Civil Code system

다국어 초록 (Multilingual Abstract)

The system of the legal act in the Korean Civil Code System has three different legal institutions : ``The Law of agency`` under the Korean Civil Code article 114, the ``mandate contract`` under Korean Civil Code article 680, and ‘management without delegation’ under Korean Civil Code article 734. The right of agency indicates the legal act of an agent, who conducts an action on behalf of a client, and than the client accepts immediately the effects and legal consequences of the action. Under the permission for representation, an agent may only act for the client. There is a difference in the legal nature of representation between the Korean Legal system and the German one. While the right of representation is not considered a subjective right according to the German law, it is considered as a subjective right under the Korean law, as the Korean Civil Code has clearly identified it as a subjective right. Mandate means agency for others. Through this, the agent is obliged to carry out the business which is transmitted to him from the client. Mandate is an obligative contract. Therefore it has to follow the general regulations of obligation contracts. According to the definition of Korean Civil Code 734, the ``management without delegation`` is that someone(agent) leads a business for another(client) without receiving the permission or the authority. All legal institutions of ‘The Law of agency’, ‘The mandate contract’, and ‘The management without delegation’ are distinguished by the legal nature. The legal nature of the performing rights of agency presented itself as ``a subjective right``. The legal nature of the mandate presented itself as ``a obligatory contract``. And the legal nature of the management without delegation presented itself as ``authorization by legal provisions``. All legal institutions have different functions and legal effects. The rights of agency by legal act, in which a declaration is unilaterally made and successfully delivered, is to be strictly distinguished from the mandate contract. The mandate contract is an intra-relationship between the delegator and the mandatary, mandatary is obligated an activity for other. The rights of agency has an external-relationship with a third party, entitles the representative to act on behalf of the client`s name. While the management without delegation is justified as statutory obligation, the mandate contract is an obligatory contract, in which the reimbursement of expenses can be claimed according to article 688 Korean Civil Code. If we understand the common features and differences of the legal nature and the legal system of three institutions described above, we can understand the functions of each legal institutions of legal action for others better.