민사소송에 있어서 법률상 소송대리인 - 민사소송상 가장지배인에 관한 문제를 중심으로 - (The Representative Empowered by Law itself in Civil Action - Problems Regarding the Pseudo-Manager in Civil Action -)

서지정보

· 발행기관 : 한국민사소송법학회
· 수록지 정보 : 민사소송 / 19권 / 2호 / 59 ~ 81페이지
· 저자명 : 김홍엽

초록

The manager stipulated in Art. 10. of the Commercial Code has a wide range of representative power unlimited by the principal unless restricted so by the substantive law itself. In civil action the court in practice has not paid full-fledged attention to whether the manager who represents the party is genuinely qualified for the authorization by meeting the capacity requirements due to unjustifiable reasons including the allegedly difficult task to scrutinize the legitimacy of the manager even entered in the commercial registration. However such a practice has to be changed as soon as practicable in view of the significance of the representative capacity as a thresh-hold question in the civil procedure. The prevalence of the pseudo managers in the civil practice who unlawfully represent the party amounts to the substantially undermining the fundamental principle for the representation by the attorney-at-law in the civil practice. This paper focuses on how to discern the pseudo manager easily in the civil practice. and deal with such an unqualified agent by applying the relevant civil procedural law.

영어초록

The manager stipulated in Art. 10. of the Commercial Code has a wide range of representative power unlimited by the principal unless restricted so by the substantive law itself. In civil action the court in practice has not paid full-fledged attention to whether the manager who represents the party is genuinely qualified for the authorization by meeting the capacity requirements due to unjustifiable reasons including the allegedly difficult task to scrutinize the legitimacy of the manager even entered in the commercial registration. However such a practice has to be changed as soon as practicable in view of the significance of the representative capacity as a thresh-hold question in the civil procedure. The prevalence of the pseudo managers in the civil practice who unlawfully represent the party amounts to the substantially undermining the fundamental principle for the representation by the attorney-at-law in the civil practice. This paper focuses on how to discern the pseudo manager easily in the civil practice. and deal with such an unqualified agent by applying the relevant civil procedural law.

참고자료

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