요건사실에 관한 고찰 - 유권대리와 광의의 무권대리를 중심으로 -

Until recently, the separation between substantive and procedural law was overly emphasized in law courses. However, the integrated civil law programs introduced by the newly adopted law schools, can be considered as the positive effect by establishment of such institutes. Based on this premise, this paper was written on how to set course for each representing party in civil action. In civil trial, each party argues and attests the facts in its favor in front of the court, while the court establishes the legal basis of a dispute to interpret and apply to the case. As a result, the representing party will put the effort into acquiring substantive legal effect in its favor in trial. In such case, the parties will try to figure out the legal requirements and their underlying facts in order to argue in each party’s favor. In this context, the author of this paper is trying to explain the underlying facts, that play an important role in a case, by reviewing the following civil codes: Section 114 on representation, Section 136 on representation with an authority and on broad definition of representation without an authority. To do so, the author also have reviewed the requirements and arguments for each actions. For authorized agency the author have reviewed Section 114 and 115, while for the one without the author examined Section 125, 126, 129, and 130. In addition, the author also have reviewed the utility of the codes.