사후사무위임계약의 법적 구조와 제도적 수용 가능성에 관한 연구 — 일본에서의 논의와 이용 상황을 참고하여 —

This paper explores the institutional limitations faced by South Korea in addressing posthumous affairs for the growing number of elderly individuals living alone or without familial support. As Korean civil law currently lacks an effective mechanism to manage practical matters such as funerals, death notifications, and disposal of personal belongings immediately after death, traditional legal instruments—such as guardianship or testamentary systems— are insufficient to address these urgent needs. To provide a feasible alternative, this study examines the Japanese practice of contracts for posthumous affairs delegation, particularly focusing on its legal structure and operational implementation. The analysis begins with a theoretical exploration of the contract’s nature in relation to mandate contracts and wills under Korean law, addressing core legal issues such as the continuation of agency after death, restrictions on revocation by heirs, and potential conflicts with wills. Further, the paper investigates real-life implementations of this system in Japan, particularly by local governments such as Yokosuka City and public organizations like social welfare councils. These case studies highlight key institutional safeguards including entrusted fund management through trust structures, monitoring of service execution, and systems for conveying advance directives on life-sustaining treatment. Based on this comparative analysis, the paper assesses the viability of introducing a similar contract-based system in Korea. It proposes legislative reforms to the Civil Code, the use of trust mechanisms, and the active involvement of local governments to mediate and oversee these contracts. The study concludes that institutionalizing such a system would effectively guarantee elderly individuals' autonomy and dignity in their final stage of life while filling current administrative and legal gaps.