수임인의 보고의무에 관한 현대적 평가-일본 민법개정과정상의 논의와 시사점을 중심으로- = A Modern review of mandate's reporting obligation -Focusing on the discussions and implications of the revision process of Japanese civil law-

다국어 초록 (Multilingual Abstract)

According to Article 645 of the Civil Code of Japan, the same regulation as Article 683 of the Civil Code of Korea, the subject of the mandate's reporting obligation was, in principle, only the mechanical content of reporting accounting calculations. In terms of social changes after the enactment of the Civil Act, changes in the status of civil law delegation contracts, and the increase in the importance of the mandate's reporting or explanation obligation, it is necessary to reinterpret the mandate's reporting obligations under Article 645 of the Civil Code in accordance with the circumstances of the times.
According to the modern interpretation theory of the duty to report or explain in a broad sense under Article 645 of the Civil Code, these types can be divided into ① cases where the explanation or report itself is a delegation task, ② cases where certain information must be reported to the delegation in addition to the business processing during the delegation process, and ③ cases where the main content is the opening of records related to business processing, such as reading book documents. Through this extended interpretation, the duty of explanation by the doctor's professional responsibility in a medical contract can be explained in the form of ②.
If the provisions of the Civil Act on the mandate's obligation to report are interpreted in a modern sense, Article 645 of the current Civil Act shall, in legislative terms, report the status of the delegation of the mandate at any time when there is a request from the mandate and when it is necessary to receive instructions from the mandate in the process of the delegation. It is also necessary to consider revising Paragraph 2, "When the delegation is terminated, the mandate shall report the progress and results to the delegation without delay." As a result, an expert's duty to explain may be imposed when there is a request from the delegation or when it is necessary to receive instructions from the delegation, as in Paragraph 1. When the delegation deems that instructions are required by the delegation in the process of delegation affairs, the delegation is obligated to cooperate unless it is inevitable, and this obligation arises in response to the mandate's duty of loyalty. It would be necessary to revise Article 645 of the Civil Code to clarify the occurrence of the mandate's duty of loyalty.
In the end, the legal basis for the doctor's duty to explain should be viewed as the duty of reporting of the mandate under Article 683 of the Civil Code. The relationship between a doctor and a patient in a medical contract is part of an expert's responsibility, and it should be said that it is a special form of delegation based on a mutual trust relationship. Therefore, it should be said that the actual legal basis for the doctor's duty to explain appears through the interpretation of the mandate's duty to report under Article 683 of the Civil Code, which is a general provision of delegation.

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