비영리단체에 대한 공법적 규제 연구

As social problems become more complex and social needs diversify, the number of non-profit organizations of all kinds, both public and nonprofit, is growing. As can be seen from examples of their activities in areas such as social welfare, human rights, labor, and the environment, they are performing public functions that the state has been unable to perform in detail. The Civil Act and the Act on the Establishment and Operation of Public Interest Corporations stipulate that a non-profit-making juristic person and a public-service corporation must be licensed by the competent authorities. Regulations at this entry stage are perceived as overly strict for organizations seeking to incorporate such a juristic person or establish such a corporation, as their criteria are often unclear or inconsistent. Conversely, once a non-profit-making juristic person and a public-service corporation receive permission, the competent authority shows little interest in whether it properly performs its activities and public functions. If a non-profit organization was established for public benefit purposes, regulation by the competent authority may be required when necessary to ensure the proper achievement of those public benefit objectives. Furthermore, if a non-profit organization is receiving state support for its activities, such as subsidies, based on the fact that it is performing a part of a public function, it is necessary for the state to appropriately regulate its activities and whether it is properly performing its public function. Studies on legal principles of organizations and legal system improvement for non-profit organizations can and should be the subject of studies from an administrative law perspective in that they require overall legal research on non-profit corporations or organizations that are connected to various administrative phenomena. This paper is different from previous studies in that it examines the entity of non-profit organizations in charge of public functions and the related legal system, and analyzes the types of non-profit organizations according to the public functions they are in charge of, and discusses the appropriate ways to regulate them from an administrative law perspective. This paper reviews from an administrative law perspective how to improve the state's regulation of non-profit organizations that perform public functions. As the focus of this paper is on the legal principles of organizations and its review from an administrative law perspective, the public trust system is excluded from the scope of this paper. This paper first examines the current status and related issues of non-profit organizations(II), then explores the possibility and necessity of regulating them, before reviewing the targets and legal basis for such regulation(III). Finally, primarily from an administrative law perspective, this paper classifies the types of regulation for these non-profit organizations into entry regulation (establishment permits and registration system), operational regulation (management and supervision by the competent authority), and financial regulation (management and supervision of subsidies and regulation of donations). This paper then suggests desirable directions for regulatory improvement from a legal and institutional perspective to ensure non-profit organizations can properly perform their public functions or missions(IV).