사무관리에 대한 비교법적 고찰 - 유럽과 일본을 중심으로 -

The ideal foundation of management of another's affairs(negotiorum gestio) has originated from the theory of social allowance, but its contents have gradually changed to the regulations of proprietary relationship of attribution arising from due to the treatment of another's affairs. Regarding the reasons, Korean or Japanese precedents tend to take the view that in judging whether or not there is the intention of management of another's affairs, the most important issue in the establishing requisite of the management of another's affairs, the issue should be dealt with based on whether there is an objective benefit to the principal. This can easily justify an illegal intervention regarding other's private life. Likewise, an excessive application and extension of the management of another's affairs can lead to the danger of justifying an infringement of the private autonomy or compelling the principal to conclude an unwanted contract, while there is a necessity to expand its application areas in that it requires that the behaviors favorable for others should be expanded to the collective recognition in our society from the perspective of altruism. In this respect, the issue of establishing its limitation of application regarding how much and under what criteria it should be admitted is important from the perspectives of community and de lege ferenda. Then, compared to the fact that the management of another's affairs has a systematic importance as an independent institution different from unfair profits and illegal acts in terms of requirements and effects which are the causes of occurrence of legal claims, its provisions are very insufficient. Accordingly, where there is a problem regarding the management of another's affairs in Korea, we cannot usually help depending on the theory of analysis through related precedents or theories. However, the management of another's affairs in Korea has a difference arising from understanding of the nature of the system and purpose of the legislation, and further causes much confusion about its conceptual definition. Thus, there is much confusion even about discussing the establishment and range of the management of another's affairs. Under the circumstance, among various issues, this essay attempts to examine the process of development of the discussions and related precedents about the management of another's affairs in Europe and Japan that has a similar legal system to ours, and then deduce meaningful implications for us. Further, it tries to realized the purpose of suggesting the contents and orientations to consider in the process of amending the law about management of another's affairs in Korea in the future by reviewing various article of the Draft Common Frame Reference(DCFR) about benevolent intervention which has recently been established in Europe.