협동조합기본법상의 선거관련규정에 대한 검토

Abstract

The enactment of Framework Act on Cooperatives is expected to play a significant role for vitalizing and developing cooperatives in Korea. However, it is found that there are many differences in the provisions regarding election between Framework Act on Cooperatives and Agricultural Cooperative Act. The paper reviews the differences and provides their legal meanings. In addition, it points out that Framework Act on Cooperatives resembles Agricultural Cooperative Act with regard to the unconstitutionality of some provisions. The paper proposes that Framework Act on Cooperatives should be revised in a way to resolve the inconsistency and the unconstituionality issues related to the Principle of Legality. It also suggests that it would be more appropriate that the provisions regarding election in cooperatives are relegated from law(heteronomy norms) into articles of cooperatives(autonomy norms). Finally, it is required to change the way of stipulation from current positive system into negative system in order to enhance the freedom of election campaign.