민법상 단체에 대한 규율

Abstract

In this essay, it depicts about legal principles of the rule of organization and indicate some problems of it. From this essay, I will also come up with a few device. There is two categories of organization in the Korean civil law. There is also a huge difference between association and other organization ; however, there isn’t a clear point of difference between association and corps without a juristic person. Moreover, there is a sharp distinction standard between corps and association in the theory. It is difficult to discipline all the different kind of organization in the realities. In the Korean civil law, corporation and association have comparative meanings. Those actually means the group of people, not special group that separate from association. Also, the merger company represent as a corporation in the economic law. Therefore, people need to find out the way to discipline the corporation and association, which is not a juristic person, at the same time. In order to do that people have to learn about the system of corps first. The significance of association which is not a juristic person is getting more important, so that there is regulation in that association which is not a juristic person ; however, in the code of civil law, the subject of rights shall be natural person and corporations. It is contradictory concept to deal those organization as exceptional case. Therefore, in my opinion, it is more accurate to separate a natural person and organization and departmentalize that organization into corps and association which is not a juristic person.