펀드판매 관련 당사자의 법적 지위와 책임―옵티머스펀드 사건을 계기로―

This paper deals with legal liability of Fund Sales Agent. Unlike asset management companies that directly manage funds or sales companies that sell to investors, the trustee company and the Fund administrator do not have direct contractual relations with investors and do not engage in the fund establishment and management process. There is a lot of controversy over whether it is appropriate to extend civil liabilities to companies involved in fund sales beyond asset management companies for damages to investors incurred in connection with fund sales. In reality, if the loss in the collective investment asset is not due to market condition but due to reasons attributable to companies related to fund sales, it is necessary to consider whether there is a violation of fiduciary duty. In the case of the recently problematic Optimus Fund, There is also a question of whether or not the supervisory authority is responsible, so it is not an easy matter to determine where the responsibility is. On the other hand, when it comes to the repurchase itself, this does not impose responsibility for the loss, but the investor recovers the trust property. Also, the counterparty to the repurchase should be an asset management company that has management power for the fund asset, and cannot be a sales company.