신탁비송사건절차에 관한 검토

초록

The Trust Act, which lays down rules on trusts, was entirely amended by Act No. 10924 of July 25, 2011, and has been enforced since July 26, 2012. As the amended Trust Act created and modified trial-related rules concerning dismissal of trustee and appointment of new trustee, appointment and dismissal of administrator of trust property and trust administrators, devolution of property caused by adjunction to trust property, call for beneficiaries’ meetings, modification of trusts, determination of the purchase price of the right to benefit, termination of trusts, and others, the Non-Contentious Case Procedure Act was amended by Act No. 11827 of May 28, 2013 in order to organise specific procedural regulations, such as the holder of the right to apply and methods of objection, for the aforementioned trials. The Non-Contentious Case Procedure Act, in Part Ⅱ Non-Contentious Civil Cases, Chapter Ⅱ Cases Relating to Trusts, which prescribes cases in terms of the Trust Act, including judgment on termination of trust created by declaration of trust for wrongful purposes following Article 3(3) of the Trust Act, judgment on permission to resign as trustee following Article 14(2) of the Trust Act, judgment on dismissal of trustees following Article 42 of the Trust Act, and judgment on appointment of trust property administrators following Article 17(1) of the Trust Act, following the order of articles of the Trust Act, lays down rules on vindications, hearings, hearings of statement, additional statements of the grounds, immediate appeals, suspensions of execution of the trial, restrictions on filing appeals, etc. Due to the aforementioned amendments of the Trust Act and the Non-Contentious Case Procedure Act, there is a need to clarify the procedures of the non-contentious cases relating to trusts. But, as this paper aims at providing general examination of the procedures of the non-contentious cases relating to trusts following the amendments of the two Acts, full-scale analysis on each issue taking the form of a research paper will not be conducted. If the Trust Act absorbs and lays down rules on the procedures of the non-contentious cases relating to trusts in the future, proper regulations of procedure presupposing substantive trust law would be made possible. Only the rules concerning competence can be prescribed by the Trust Act, while other rules of the Non-Contentious Case Procedure Act can be applied mutatis mutandis. If there is a need to make a special modification, exceptional articles can be prescribed in the Trust Act.

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