사원총회 결의 없는 비법인사단 금전채무 보증행위의 효력

More and more Associations (without the capacity of enjoyment of rights) are playing important roles in transactions, but the legal system is not so sufficient to protect the safety and stability of that kinds of transactions. In this ruling case, The Supreme Court decided that the debt guarantee of associations is not included in the management or disposal of the assets and associations can guarantee others' debt validly without the decision of the general meeting on the assumption that associations cannot manage or dispose their assets validly without the decision of the general meeting. It deserves to be appreciated that The Court considered the safety and stability of transactions seriously in this case. I cannot agree to the ruling, especially to the process to the conclusion. The debt guarantee of associations is the disposal of the future assets and must be included in disposal of the assets. Furthermore, We cannot tell that the management or disposal of the assets of associations are definitely invalid when it lacks the decision of the general meeting. So associations can guarantee others' debt validly even if they do not have the effective decision of the general meeting, except when the creditor(s) know, or do not know because of negligence, the lack of the effective decision of the general meet. I am sorry that The Court does not treat this issues clearly.