개정신탁법상 목적신탁의 지위와 정립방향

Legal Status and Establishment Direction of the Purpose Trust in the Revised Trust Act

A trust can create an independent property called trust fund for private interests. Trusts are very special in that they can be created solely for the public interest, such as public interest trusts and foundations under the current law, especially for purpose trusts without beneficiaries. Until now, there has been little discussion in Korea and the purpose trust has been introduced into the revised law, which is still unfamiliar. But there is a problem that it is not clear what status it has in the legal system of the trust law only with the provisions of the revised law. Among them, purpose trusts without beneficiaries are even more so. These Purpose trusts are mainly used in foreign countries for financial transactions related to tax avoidance and for the breeding of pets after the owner s death. It seems that the Korean law will also attempt to explore the possibility of using it in various fields such as species. However, in order to increase the possibility of using the purpose trust, the direction of the establishment of the purpose trust through review of problems such as the trust caretaker s problem, the limitation of the duration of the purpose trust, the taxation problem under the tax law, and the relationship with the legal portio of an heir, and presenting an amendment thereto. ① In the case of a purpose trust, there should be a separate provision for compulsory appointment of a trust manager. In other words, in Article 67 of the Trust Act, “When establishing a purpose trust in ①-2, the court shall appoint a trust manager ex officio. However, if a trust manager is designated as a trust act, it shall be followed.” ② Article 69 (2) of the Trust Act shall be deemed “a trust administrator has the same status as a beneficiary in a trust. However, Articles 56, 100 and 101 (1) do not apply to the trust manager of the purpose trust.” ③ In a purpose trust that is a testamentary trust, it is necessary to stipulate that the authority of the trustee cannot be limited by changing the trust as in the case of Japan.