민법의 관점에서 바라본 민법 개정안의 법인제도

• 영문명: Amendment of the non-profit corporation system from the perspective of the Civil Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 權澈(Chul Kwon)
• 간행물 정보: 『비교사법』比較私法 제17권 제4호, 37~75쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

The legal system of organization and corporation is entering into a new phase. As a result, an in-depth legislative discussion is required on which kinds of organization and corporation Korean Civil Code shall stipulate and codify. The outline of this issue will likely take shape only after understanding the nature of Civil Code as fundamental law of civil society. The revision bill in 2010 would be positive on the whole as improving interpretative issues on previous Civil Code: establishment of non-profit corporation, rules regarding unincorporated association, the question of when property belongs to foundation, etc. The bill has been settled and the Ministry of Justice is currently expecting it to be presented to the National Assembly. At this point, I assume that my assessment and personal opinion should be given in terms of specific issues such as the dissent between the 3rd committee and the working committee under the revision council for Civil Code. However, a careful assessment and discretion must be required. Most of all, time is limited to discuss all the issues, which are significant and many, regarding corporation under the revision bill. Given that non-profit corporation system is particularly sensitive and important with regard to nation, local government, civil society and religion, the entire system should be examined in long-term view. This paper covers some details and outlines conceivable issues in long-term view.

목차

Ⅰ. 머리말

Ⅱ. 비영리법인의 설립 : 개정안 제32조

Ⅲ. 법인 아닌 사단 : 개정안 39조의2

Ⅳ. 재단법인설립과 ‘출연재산의 귀속시기’

Ⅴ. 기타

Ⅵ. 맺음말에 갈음하여 : 이제까지의 50년과 이제부터의 50년

키워드

한국민법개정 민법개정안 법인제도 비영리법인 민법 시민사회 결사의 자유 Korean Civil Code Reform Amendments of Korean Civil Code Coporation System Non-profit Corporation Civil Law Civil Society Freedom of Association