협동조합기본법의 필요성과 입법구상

Abstract

It has been nearly half a century since the cooperative laws were established in Korea. The Korean cooperative system has experienced many changes, and now many cooperatives are struggling to adjust themselves to new economic environments.With the political and socioeconomic changes over time, the principles of capitalism have been incorporated in the cooperative movements in the world in an effort for the cooperatives to survive the developments in the market economy. The cooperatives had to respond to the changes to the extent that their identities were not impaired.In response to the changing times, the principles of the International Cooperative Alliance (ICA), based on the Rochdale principles, were revised in 1937 and 1966, and replaced by the new seven principles in 1995. Most countries including major developed countries have made appropriate amendments of their cooperative laws or enacted new legislations in keeping with the intent of the changed ICA principles.The review on the trend in cooperative laws in the world reveals that many countries have established a single cooperative law characterizing fundamental laws rather than special or specific laws, showing that it is evident that new legislations of fundamental cooperative laws are prevalent worldwide.As for Korea, its cooperative laws have been amended several times since their establishment, but they have not yet incorporated the new principles of ICA and the developments in the cooperatives in other countries. Korean cooperative laws are enacted separately by industrial sector and being enforced as special laws under the auspices of the government. Thus, it is hardly expected that varying cooperative movements emerge and each cooperative finds its ways to develop for itself. Now it is imperative in Korea to enact a fundamental cooperative law to replace the current, specific cooperative laws.