‘종교재단’에 관한 小考- 종교단체 법인화 문제 서론 -

In this paper, with the keyword ‘Religious Foundation’, the situation of the positive law in Korea is considered, and the problem of legal discipline of religious organizations is studied. Specifically, the relevant issues are examined only when religious organizations are established as foundations under the Korean Civil Code. Most of the religious organizations established as foundations under the Korean Civil Code are higher-level organizations that include unit religious groups. Catholic dioceses and Protestant denominations are typical examples. Reflecting the differences in circumstances by religion, the situation and characteristics of each religion are largely divided into Catholic, Christian, Buddhist and Confucian (III). As part of a chronological review to comprehensively understand the current situation, some materials on religious policies under the Japanese colonial rule and the incorporation of religious organizations are also reviewed (II). And, on the condition of the circumstances of our positive law concerning the Religious Foundation, we examine what approaches are needed regarding the issue of legal discipline concerning religious organizations (IV). Specifically, we evaluate the positive law on the incorporation of religious organizations and examine the theory of legislation. This paper also mentions the significance of the concept of a Foundation. By comparison, how each country treats religious organizations legally is one of the central problems of the country's non-profit organization laws. Unique legislation has been established in accordance with historical, social and political circumstances concerning religion in each country. In this sense, this paper is part of our introductory consideration of the legal system of religious organizations.