민사신탁 수탁자의 신탁위반에 대한 정상화 절차: 수익자 보호를 중심으로

A violation by trustee of a duty is a breach of trust. There is a peculiar set of rules against fiduciary obligations in the trust act. This is intended to protect the risk of a trust property and protect the interests of the beneficiaries. In case of damages or deformation to a trust property due to a fiduciary act of trustee, Truster, beneficiary, and trustee of cotrustees shall compel the trustee who violate a duty to redress a breach of trust by paying money, restoring trust property, or other means (Article 43) If the trustee does not perform the trustee's duties, The beneficiary may voluntarily void act of the trustee and recover the property (Article 75). On the other hand, there is a need to fire a truster who violate a duty and appoint a new truster. When it is impossible to administer trust effectively. Alternatively, it is possible to terminate trust itself (Article 99). Upon the ocurrence of an event terminating a trust, The trustee shall proceed to distribute the the trust property to the persons (beneficiary) entitled to it (Article 101). At the dismissal of trustee, or termination of a trust, the relevant provisions relating to the recovery procedures of trust property were reviewed and the need for legislative improvement for the relevant part was reviewed.