공익신탁에 관한 연구

A Study on the Public Trust

The Public Trust Law was legislated on the Mar. 18th,2014. The Law will become effective on Mar. 19th,2015. The law makers thought that the public trust would get more important and more trusters should execute it. The day of the law’s taking effect gets closer, but the lower statues are yet to be made. This essay could not tell on the real cases based on th e new law because it is not effective till now. It touches some issues on the law. First, this essay tells about present situation of the public trust. It could be executed without the new law. The law will provide some special regulation on it. Anyway, the public trust has rarely been executed in Korea, especially compared to in Japan. The Japanese situation shows us many things on the issue. This essay introduces some Japanese cases. Second, this essay figures out the outline of the public trust. The public trust is basically a trust executed based on the Trust Law. We understand some categories on it. Third, this essay points some legislative mistakes out of the law. They are: The qualification of the trustee Some issues on public trust and inheritance Attribution rights of the property and Cy-pre doctrine Especially, the mistakes on the attribution rights of the property are very critical. Some provisions should be revised at once. Some points related with the ACT ON THE ESTABLISHMENT AND OPERATION OF PUBLIC INTEREST CORPORATIONS should be considered when the law would be revised. Finally, this essay refers to the public trust’s prospect after the law’s taking effective. I expect the public trusts will be executed in volume and They should be done so.