협동조합법제에서 협동조합간 협동과 연대

Abstract

The normative need of cooperatives’ cooperation and solidarity lies in the ICA 6th principle globally, as well as the article 8 of FRAMEWORK ACT ON COOPERATIVES (Act No.11211, 26. Jan, 2012.) in Korean legal system. It statutes Cooperation with other Cooperatives or Federations, and Cooperative Council. There are similar rules and regulations in other 8 cooperative laws(for example agriculture coop. law and credit union law, etc.). This article can reach the findings belows in field of cooperative legal system. There is normative evaluation between Cooperation of POF (patron owned firms, such as cooperative) and the Undue Collaborative Acts of IOF (investors owned firms, such as public limited company). Of the two, the former is better than the latter, promoting the market competition and improving consumer welfare, and all that sort of things. By the way, the competition for business among cooperatives actually can be very often observable and its damages can be on the cooperative members, consumers, and finally the market. So there should be cooperation and solidarity not only in same kind of cooperatives but also in different kind of cooperatives. We can do it by establishing a small cooperative inside large cooperative or networking social economy and furthermore enriching Cooperative ecosystem in local and national level. There are some core legal system for example cooperative solidarity fund and financial function in advanced country, where korean laws has not yet accepted this rule, being a deficiency of the law. So we needs to gap filling or reform the cooperative laws in order to cover that functions. Cooperative council can be organized the art. 8 of FRAMEWORK ACT ON COOPERATIVES in Korea. Its council should not be established in the meaning of declarative sense but substantially practical functioning through promoting mutual understanding with cooperatives, and developing joint projects among different kinds of cooperatives. This article suggest the Self-regulating watchdog agency on a cooperative, mutual support system among different kinds of cooperatives in miro level, as well as the cooperative solidarity fund and social capital in macro level. Specially it is important to plan the strategy for the cooperation and solidarity through the cooperative sectors.