영미법상 신탁과 그 변형으로서 퍼블릭 트러스트 독트린과 내셔널 트러스트

Both the public trust and the national trust are trusts designed by using of the trust system under the common law. The two trusts are common in their public shade of meaning and in their relationship with the public’s basic rights about nature and environment. But the two trusts are different from each other, and we need different approaches to them. Fundamentally the public trust is just a trust for the interest of the public as its beneficiary in the trust system. Thus there can be a public trust when someone actually trusts something for the public. Accordingly it is ‘the public trust doctrine’, not ‘the public trust’ itself, which does play its role in making it possible for the public to access and use the meaningful assets such as water, seashore, environment regardless of their legal owners actually have trusted them for the benefit of the public. Under the public trust on the basis of the public trust doctrine, the trustee is the nation or the state. But it is little bit convoluted to say who are the trusters. In comparison, the national trust is the organization which is resulted from of a social movement led by citizens for keeping meaningful social assets, especially environmental assets and historic assets. It has the name of ‘national’ trust because the civic movement is spread over the national movement in its hue and its influence. However, it is the national ‘trust’ because the civic movement uses the trust system for operating. Under the national trust, the trustee is the national trust and the trusters are the participating citizens.