신탁법상 공평의무에 관한 연구

Many Scholars have discussed topics related to Trust Law since revise of the law. However, no one has studied Trustee’s duty of Impartiality under Trust Law because a majority opinion has subsumed Duty of Impartiality and even No Conflict Rule under Duty of Loyalty. In other words, we has considered the Duty of Impartiality as a form of the Duty of Loyalty. Therefore, the goal of this research is to clear up background, basis, and basic concepts of the Duty of Impartiality and to set up the effect of violation on the Duty of Impartiality. This paper is organized as follows for the Trustee’s Duty of Impartiality. In Part Ⅱ, I will provide the definition and concept of the Duty of Impartiality. In part Ⅲ, I will review and analyse legislation, major cases, and theories of Trust Law, especially with regard to Duty of Impartiality, in the countries to actively utilize the Trust Law, such as the United Kingdom, the United States, and Japan. Part Ⅳ will provide considerations for several problems associated with Duty of Impartiality. First thing is what basis of the Duty of Impartiality is and what it came from. Second one is who should carry the burden on the Duty of Impartiality. Third one is about what kind of violations on the Duty of Impartiality should allow and a conflict between the Duty of Impartiality and the Duty of Good Manager’s care. Fourth one is about who violates the Duty of Impartiality between conflicting beneficiaries. Last thing is about analysis of the theories above-mentioned, like major theory for regulation of beneficiary’s abuse. In conclusion, I will suggest alternatives based on the analysis to academic world and practice of the Trust Law.