善良한 管理者의 法意義務 規定에 관한 立法的 考察

On obligation of Good Manager's Care

Where is the systematic Position of an duty of Good Manager's care in Korean civil law, A duty of Good Manager's care is related to the priciple of Gooo Faith § 2, provision of Majority § 4, priciple of negligence responsibility, It also has something to do with obligation o render services or to deliver things. So a character on duty of Good Manager's care could be described as an abstract and general principle. Civil Code has many provision of Good Mager's care and mutatis mutantis provision about to hat, ex.directors jurstic person 61§ mandatary duty § 681, partner to conduct the affaires of the partnership § 707, guardian of minority § 956, duty of meber of family council § 922 and so on. On the contrary, however, there isn't a provision of Goo Manager's care where should be located in Civil Code. That is, administer of absentee's property, agent, contract of employment, contract for work. It is legislative deficiency, On the other hand, Civil Code has provisions of the concrete negligence for example, gratuitous bailee's duty(the sama degree of care in the custooy of the thing bailed as he gives in respect to his property) § 695, city et the person in puertal authority(saroo care arrl dligence as though he or she were acting on his or her own property) § 922, successor's duty et property succeeded (the same care as he uses in respect of his inherert property) § 1022, In my opinion, there should be provision of concrete negligence related to the cortract of gift, the duty of husbani ani wife in Civil Cooe, A supplemetary interpretation on this sphere would be made,