共同牧場組合의 法理 硏究

Abstract

Of all organization and group types that are formed by human beings, the distinction between a 'corporation that does not have juridical obligations' and just an 'association' is somewhat ambiguous. One group which fits into this category is the Jeju's unique 'Mutual Ranch Collaborative Association'. The mutual ranch collaborative association is an organization which was formed in village units on a purely voluntary basis. It was established with the goal of carrying out livestock promotion, reforms, as well as quarantine through mutual grazing in the fields. The origin of its historical formation can be found sometime in the 1930's. In the case of the mutual ranch collaborative association, it is not easy to quite figure out exactly where its legal position lies. In other words, the problem is whether to classify the mutual ranch collaborative association as a 'corporation that does not have juridical obligations' or to treat it just as an 'association' out of the organization types because the legal implications depending on how you classify it brings about a considerable difference. This paper aims to grasp the legal position of the mutual ranch collaborative association as a type of an organization after investigating first into the legal principles of the associations and groups that have no juridical obligations mainly through research into the literature. The legal position of the mutual ranch collaborative association ultimately can only be dependent on the overall analysis of the statutes of the mutual ranch collaborative association. When looking through the analyses of the statutes, the mutual ranch collaboration association within Jeju can be said to be a non-obligatory type of a corporation without any juridical responsibilities in possession of many characteristics like that of an association. However, if the mutual ranch collaborative association were to carry out a transaction with an external party, the point where they do not have any rules within the statutes about such things as whether the debt should be taken care of by the association itself, or according to the percentage of the stock holdings of the members, makes it difficult to view the legal position of the mutual ranch collaborative association as just an association without any legal responsibilities across the board. Therefore, in the case of the mutual ranch collaboration association within Jeju, it is the opinion of this author to believe it would be logical to understand it as a 'modified form' which acknowledges the aspects of characteristics of an association in specific cases while at the same time acknowledging its legal position as an association and not a corporation with legal responsibilities.