공익재단법인의 설립자와 공익재단법인과의 관계

The Judgement of the Supreme Court of Korea, 2006da19054, May 17, 2007, about the Sangji University maid a new theory that the founder of the school foundation can control the foundation permanently and makes the rich man can transfer his property to his successor without tax by establishing public foundation. This theory is that the identity of the school foundation is maintained by the directors appointed by the founder and the directors must behave according to the intention of the founder. Consequently the founder can manage the foundation at his convenience and treat the property of the foundation as his own. The new theory denies the existing theory about law of juridical person. Although the school foundation and founder are separate existence, but the theory regard them same. This means that the judgement violates civil and constitutional law. This extraordinary judgement sentenced for the purpose of relieving the notorious founder of the school foundation shows the necessity of the reformation of the conservative Supreme Court.