지교회와 유지재단의 재산관계에 대한 고찰

Abstract

An individual church is an unincorporated juridical organization and a maintenance foundation is a juridical one. Both are independent legal ones. The maintenance foundation is a juridical organization established to manage the property of an individual church. To manage the property of the church, an individual church uses one of the methods to register its own name or to entrust the poverty to the maintenance foundation that an individual church established, or to the maintenance foundation that the General Assembly of Elders established after joining the General Assembly of Elders, or to the pastor or the Elders or to an accountant in the church. The first method among those mentioned above is lawful because the Registration Act of the Real Name for Real Estate permits the method, but the fourth method is against the law because the Registration Act of the Real Name for Real Estate doesn't permit it. But the second and third methods have some problems. Because the purpose of the maintenance foundation is that the maintenance foundation by managing its property entrusted forbids an individual church from selling out the property of the church freely. That is to say, an individual church can strengthen its relationship with the General Assembly of the religious body, and widen the power of an individual church by guaranteeing its legitimacy through entrusting its property to the maintenance foundation. An individual church has a right to maintain it thanks to entrusting its property to the maintenance foundation. However, if it wants to change the religious body due to conflicts of its doctrine or some other reason, the maintenance foundation doesn't make changes in the articles of association and doesn't get permission from the major authorities because of the property flowed through the maintenance foundation, so it is a fundamental property of its own. An individual church is restricted refunding its property only by the cancellation of the name entrust. It is pointed out that the Registration Act of the Real Name for Real Estate allows exceptionally the married couple and the families of the same clan to entrust it by name trust and it isn't to apply to the church, which has to be paid a fine as well as the money for performance compulsion and be a crime punishable according to the law. While the families of the same clan weakens, the number of churches is on the increase now, which creates lots of unreal problems. But I think that the authorities should not punish the church by enforcing the national law about entrusting the property of an individual church to the maintenance foundation. They should permit an exception to name trust of an individual church to the maintenance foundation like the families of the same clan and the married couple by amending the laws mentioned above, if the conduct of the name trust of the church isn't involved in tax evasion and real estate speculation. In this thesis, I look over the qualities of self-administration laws and regulation of the constitution of the General Assembly of the religious body, the legal qualities of the maintenance foundation and the legal qualities of the incorporation for the maintenance foundation of the properties of an individual church. I think it is right that the Registration Act of the Real Names for Real Estate be revised to permit the properties of an individual church to the maintenance foundation as a method of name trust.