종중의 ‘자연발생적 단체설’에 대한 소고

Abstract

A critical study on theory that JongJung is spontaneously formated Lee, Woo-Sug Korea Supreme Court say that not only man but also woman is a member of JongJung(Korean Clan Association), in 2005. This say of Korea Supreme Court's will be contribute to improvement of status of woman's in Korea. But It is dubious that because woman is a descendants of an ancestor's she is a member of JongJung.Traditionally, Korea Supreme Court said that the man who have same family name exception woman is a member of JongJung(Korean Clan Association). The judicial precedent stems for Nomura(野村調太郞) who was a judge in role of Japan. And the theory of Nomura have the origin to a theoretical study of Japanese Wada(和田一郞) who studied korean history of law korea in early 20th century. Nomura assist that man can be a member of JongJung, in spite that he don't take part in activity of JongJung and he have no intention to join in JongJung, he don't have free to disconnect himself from JongJung. JongJung cannot strike himself name off the list of JongJung.But Korea and Japan a scholar make clear that a theory of Wada have a mistake in the latter half of 20th century.According to recent research and says of persons corresponding JongJung, it is necessary an endowment to bring into existence JongJung. According to this theory, both man and woman should not be a member of JongJung, if he or she don't have a wish to enjoy in activity of JongJung and don't take parts in activity of JongJung.