친족회(親族會)의 동의(同意)를 얻지 않은 후견인(後見人)의 법율행위(法律行爲)에 대한 표견대이(表見代理)의 성입(成立) 여부 = The apparent authority of a guardian acting without the permission of the family council

다국어 초록 (Multilingual Abstract)

Under Korean Civil Code, a guarclian needs ro get the permission of the family council for selling rhe ward``s property. Where the guardian viola red rhis requirement by forging a letter of permission, the Korean Supreme Couer announced in rhe decision of 6. 27. 1997. rhat the sale by rhe guardian can be fully effeCtive (i. e. cannot be rescinded) by the doctrine of the apparent authority(the Korean Civil Code Article 126), provided the other parry of the sales contract trusted the authenticity of the letter with good reason. This comment crirically reviews this decision. The case involves a conflict of twO principles. One is rhe protection of an incompetent person, the other the protection of third parties. Of these twO principles, this decision took the latter as overricling. But the Korean CiviL Code presupposes rhat the protection of rhe incompetent is superior to the protection of the third parties. This is manifested by the fact that the councerparty of an incompetent petson in a COntract cannot be protecred, even where she had evety reason to rrust the competence of the incompetent. And a juristic act can be attributed to a person only where she decided it fOf herseJf(Seif-autollomy) or she herself is responsible for that act. But in this case neither of these condjtions is fulfilled. Accordingly this decision should be criticized on rhis ground as well.