묘산의 공익신탁가능성에 관한 연구

Myosan is the mountain that is used to install an ancestor’s grave. Before introducing morden law, alienating Myosan is strictly prohibited. Descendants of common ancestor can preserve ancestor’s grave. In present, JongJung(宗中, Korean Clan Association) owen proprietary rights of Myosan. JongJung is consist of descendants of common ancestor, the member of JongJung can sell Myosan. If new owner eliminate ancestor’s grave, descendants who have ancestor’s grave are hurt. Korea Supreme Court say that the Myosan of JongJung’s can sell by means of the majority vote of not total member but presenting members. The mumber of JongJung’s is too many to participate in meeting, but only a small number of people attended the meeting. It means that it is too easy to sell the mountain that is lied ancestor’s grave. It is needed prohibiting to sell Myosan to others. But because Myosan is private property, prohibiting to sell Myosan is contrary to the constitutional provision. In this Paper, I insist that the owner of Myosan should donate his Myosan to charitable trust. Korea have trust law but don’t have law of charitable trust. Korea government shall make the law. If Korea government make the law, many of JongJung can use the law.