민법상 비영리법인의 설립에서 인가주의와 준칙주의에 관한 시론

Corporations can be divided into public, private, profit and non-profit corporations, or a incorporated association and a incorporated foundation. Non-profit incorporated association and Foundation serve non-profit purpose if the purpose for which they are established is within the following categories, sports, education, culture, religion other non profit purpose. Non-profit incorporated association and foundation have legal personality which is acquired upon permission and registration. Person who intends to found non-profit-marking incorporated association or person who intends to found incorporated foundation must get permission beforehand from the competent authorities. The Korean Civil Act Lawmakers took the doctrine of permission in non-profit corporation. This regulation is criticized that it limit the right to establish a non-profit corporation. Therefore, the law authorities will put in the new regulation on establishing for incorporating non-profit-making legal person recently. The main purpose of this paper is to criticize the current legal status of the system of permission and suggest their direction to register system as a reforming alternative. Non-profit corporation established, if it is registered in a public register where the registered office is located. In order to carry out this study, first it will be compared with a German law system and is considered a suitable alternative.