비영리법인 설립, 기관, 해산에 관한 입법론적 고찰

There are a number of non-profit corporations in our society, and the number of non-profit corporations is increasing every year. However, there are only 69 provisions related to the Civil Act, which can be said to be the basic law of non-profit corporations, which is insufficient to regulate various situations that non-profit corporations may face. Meanwhile, the provisions on non-profit corporations have remained the same except for a few provisions since the Civil Act was enacted in 1958. Accordingly, the legislative problems pointed out so far have not been supplemented. Therefore, this paper considered the main issues that need to be revised in the practice of non-profit corporations based on the organization of civil law (incorporation of Section 2, organization of Section 3, dissolution of Section 4). The three legislative issues are ① regarding the incorporation of a non-profit corporation, the validity of the the Civil Act that stipulates the establishment of a corporation and a foundation, ② regarding the organization of non-profit, the validity of the Civil Act that does not allow a written general meeting and ③ regarding the dissolution of non-profit corporations, it is the validity of the Civil Act that does not allow mergers. The results of the discussion on these three legislative issues are summarized as follows. The first is an issue related to the incorporation of a non-profit corporation, and it was judged that it was reasonable to separately stipulate the provisions on the establishment of a incorporated association and a incorporated foundation. The second is an issue related to the organization of a non-profit corporation, and it was judged that it was necessary to recognize a written resolution if all employees agreed to it. The third is an issue related to the dissolution of non-profit corporations, and it was judged that it was necessary to establish new regulations on the merger of non-profit corporations. The third is an issue related to the dissolution of non-profit corporations, and it was judged that it was necessary to establish new regulations on the merger of non-profit corporations. The above discussion is part of the main problem in the practice of non-profit corporations. In other words, it does not cover all issues of non-profit corporations. However, the above discussion is a major issue, and we hope that it will contribute to the need to ease the uncertainty for those who want to incorporate a non-profit corporation, operate a non-profit corporation, and integrate a non-profit corporation, and to supplement the problems of the regulations pointed out since the Civil Act.