20세기 초 프랑스의 종교법인 법제에 관한 소고 - 1905년 정교분리법의 ‘종교사단’ 문제와 살레이유의 ‘재단’론 -

This Article focuses on the legal system of religious organizations in French Law in the early 20th century 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. 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.(association cultuelle 1905) Catholicism refused to accept the 1905 law (It would create later the diocesan associations). In terms of legal theory, both nonprofit and religious corporations stipulated in 'The 1901 Law' and 'The 1905 Law' are legally constituted as association. As part of the consideration to understand this point, this paper examines the argument that insisted on the introduction of the concept of 'fondation' in the early 20th century. The scholar who led the discussion was Raymond Saleilles. The first half of this Article focuses on how the Catholic Church opposed the acceptance of 'The 1905 Law' enacted by the French 3rd republican government and what the issues were (II). And in the latter part, we look more specifically at the argument made by Saleilles in the debate about the Catholic Church's acceptance of 'The 1905 Law' (Ⅲ).