협동조합기본법에서 본 사회적 협동조합의 문제점

Abstract

The Framework Act on Cooperatives have been known to the public in Jan. 2012. Its essential point is to offer Social Cooperatives with cooperative features legal framework in order to solve the problems of exclusion, unemployment and provision of social, medical and other services. However, the lawmaker seems to pay no attention to provide a legal framework adjusted to the need of Social Cooperatives with the social objectives. In this context, central issues discussed in the paper are ① a clear concept of Social Cooperatives to be regulated, ② broadening the objects by admitting social objectives, ③ broadening the criteria for membership by admitting not only user-members but also worker-member, voluntary members, non-using members, investor-members, promoting members and corporate members, ④ reducing transaction cost by allowing small co-operatives with 5 members to opt for the monist system (working without a supervisor and with only one director and without an annual audit), ⑤ regulation of governance, control and management (Administration by office-bearers elected from among the membership), ⑥ regulation of fundraising ⑦ regulation safeguarding independence of Social Cooperatives in case of participation of public institutions as partner etc. The central issues are conditions for obtaining an appropriate legal framework adjusted to the needs of Social Co-operatives with social objectives.