Acting on Behalf
Overview
Acting on behalf (대행) means that another person or institution performs the duties, authority, or work belonging to a specific person or institution in their place. Unlike private-law agency (代理), acting on behalf is not necessarily limited to juridical acts and is used broadly across factual acts, handling of work, and exercise of authority in general. In some cases, there are institutional mechanisms directly prescribed by the Constitution or statutes, such as the acting authority of the executive branch; in other cases, such as corporate delegated-work services, they are freely used in the private sector under contract.
Main Content
Distinction Between Agency and Acting on Behalf
Agency is a concept under civil law in which an agent performs juridical acts for the principal and the effects are attributed to the principal. Acting on behalf, by contrast, focuses on the factual aspect that the subject performing the duties changes, rather than on attribution of effects. It is therefore understood as a broader, expanded concept covering not only juridical acts but also factual acts, execution of work, and temporary transfer of authority. In practice, the two terms are sometimes used interchangeably, but the distinction is important when determining the scope of authority and attribution of responsibility.
Statutory and Voluntary Acting on Behalf
Acting on behalf is largely divided into two types according to its basis. Statutory acting on behalf arises automatically when the requirements prescribed by law are met, with the acting authority of the President or the acting duties of a minister as representative examples. Voluntary acting on behalf is established by the parties' intention under contract or delegation, and examples include delegated services for tax, accounting, and building permits, as well as various reporting services. In the case of statutory acting on behalf, the scope and conditions for exercising authority are strictly prescribed by law, whereas in voluntary acting on behalf, the agreement between the parties sets the standard for determining the scope of authority.
Acting Authority System
The Constitution and the Government Organization Act provide that when the President is vacant or unable to perform duties due to an accident, the Prime Minister, and then a State Council member prescribed by law in order, shall act with authority. Acting authority does not create new authority but is a position that temporarily succeeds to the original person's authority, so there has long been interpretive controversy over whether it can exercise matters belonging to the original person's inherent authority, such as constitutional amendment or long-term policy decisions. The acting duties of the Prime Minister, acting duties of ministers, and acting authority of local government heads follow the same structure.
Acting on Behalf in the Private Sector
In the private sector, "delegated services" that handle procedures requiring specialized knowledge, such as permits, reports, tax, patents, and customs clearance, have become an industry. In addition, "agencies" in advertising, public relations, and recruitment are representative actors that perform work on behalf of client companies. In such cases, the actor must act only within the delegated scope, and acts beyond authority are not automatically attributed to the principal.
Responsibility and Limitations
Acting on behalf is always "acting in place" of another, and the key point is that it is not the actor's own inherent authority. The actor cannot exceed the scope of delegation and must not use authority for themselves in situations of conflict of interest. Even in statutory acting on behalf, the fact of acting must be clearly indicated, and the effects of dispositions made during the acting period are in principle attributed to the original person. Unlawful acting on behalf or abuse of authority can lead to civil damages, grounds for administrative cancellation or nullity, and even criminal liability.
Recent Trends
In Korea in 2024–2025, as acting presidential authority systems were operated consecutively, the "scope of acting authority" emerged as a key political and legal issue. Constitutional scholars and political circles were sharply divided over whether an acting authority could handle matters corresponding to inherent powers, such as appointment of Constitutional Court justices, conclusion of treaties, and exercise of the veto over bills, and the National Assembly also attempted to enact legislation limiting the authority of an acting president. Meanwhile, in the private sector, as services in which AI agents "act on behalf" of users for repetitive tasks such as reservations, purchases, and administrative reports spread rapidly, how to view the acting subject and locus of responsibility under the E-Commerce Act is emerging as a new regulatory task. In addition, voices are growing in the tax, legal, and permit delegated-service markets calling for stronger qualification requirements and advertising regulation.
Related Topics
- [[대리]]
- [[권한대행]]
- [[행정법]]
- [[대리인]]
- [[직무대행]]