寺刹의 實體와 法的 性格

Abstract

A Buddhist temple is the religious organization consisting of the believer and several buddhist monks believing in the religious doctrine of Buddhism, and is distinguish with the traditional temple, general temple and private temple. The legal dispute about a Buddhist temple can solve by clearifying the legal character. The thing that the legal character of the traditional temple is the foundation which is not a juristic person does not have the other opinion. However, there is the opinion of the various about the legal character of the general temple. Recently, Supreme Court say that the Buddhist temple is the association or foundation which is not a juristic person about the legal character of a Buddhist temple(Supreme Court Decision 2003Ma1419 Delivered on November 16, 2005). But a Buddhist temple is established as a non-profit juristic person under the Civil Code when it obtains the permission of the authorities in charge and completes the registration of incorporation. Even in the case that a Buddhist temple does not obtain the status of a juristic person, if it is recognized to meet the general requirement of an association because it conducts activities of a religious organization including the formation of an organization by many people who believe in the doctrines of Buddhism for the purpose of collective religious activities, the establishment of rules and regulations, the formation of a decision-making institution and a representative and the conduct of Buddhist temple services, and because it conducts social and economic activities of an independent organization including the management of the Buddhism properties, such Buddhist temples should be deemed to exist as an association which is not a juristic person. In other words, the general temple has a material element and human factor together. But since the human factor is the essential content, it is reasonable to regard as the association which is not a juristic person. Finally, it may also be desirable to make an unified regulation about the religious organization as other countries ecclesiastical corporation act.