협동조합법상 ‘공직선거관여 금지’ 또는 ‘정치관여 금지’ 규정에 대한 검토

Abstract

Co-operative laws of Korea stipulate that co-operatives should not be involved in public election-campaign or political engagement. However, nearly 60 years have passed since ICA abolished the principle of political-religious neutrality from the co-operatives’ basic principles. Thus, foreign co-operative laws do not have stipulations over prohibition of public election-campaign or political engagement. Meanwhile, in Korea, over 20 years has passed since Labor-law abolished the stipulation over the prohibition of public election-campaign of labor-unions. As such, there are rare cases stipulating over prohibition of public election-campaign or political engagement of co-operatives or labor-unions in Korea and foreign countries as well. So, Korea’s co-operative laws’ strange attitude is not in accordance with the ICA’s co-operative’s basic principles. Moreover, it might be unconstitutional in light of the infringement of equality. In conclusion, it’s reasonable that National Assembly should revise (abolish or alleviate) the stipulations over the prohibition of public election-campaign or political engagement in the co-operative laws of Korea.