프랑스의 종교단체 법제에 관한 소고 - 1901년 비영리사단법과 1905년 정교분리법을 중심으로 -

This Article focuses on the legal system of religious organizations in French Law from the perspective of Korean Civil Law. ‘The 1905 law’ made it possible for the religious associations "to take care of their expenses, maintenance and public exercise of their religion" so they could perform all the missions previously performed only by the four religions recognized by the government constituted under the law of April 8, 1802 (The Catholic, the Lutheran and the Reformed Churches and the Jewish Synagogue). An independent legal entity was needed indeed in order for these religious associations to acquire a property and buildings to be made available for public worship and with respect the public exercise of worship only. This included also the exercise of worship such as the maintenance of the places of worship, the receiving of donations, and the remuneration of ministers. These religious associations are sole responsible for the theological education of their ministers and for the content of their theological training which reflect their belief system. (association cultuelle 1905) Catholicism refused to apply the 1905 law (It would create later the diocesan associations). The Protestant churches thus form the vast majority of religious associations, the associative model presenting the obvious parallels with their traditional presbyterial system of organization. The being and mission of these churches are not yet exhausted in these associations: they had to establish, among themselves or together with other associations only ‘the 1901 law’ that allows them to exercise including self-help and Mission. From this Article's point of view, it is important that the 1901 law and the 1905 law completed a basic system that stipulates in detail the rules for religious organizations, and that this structure remains solid even after more than 100 years.