사회적 협동조합의 현황과 법적 과제

Abstract

Social cooperatives in various areas are gradually increasing in Korea. Framework Act on Cooperatives governs a social cooperative in Korea, and this act is a product of a private and public cooperation. However, some discussions on issues of legal system and structure related to a social cooperative under Framework Act on Cooperatives are still pending. Such discussions on the issues mentioned above take place because there is an unclear distinction between a social cooperative and a social enterprise, and “social cooperative” is unfamiliar term to the public. In addition, such unclear distinction is also evident in Framework Act on Cooperatives. Furthermore, to operate a social cooperative in practice, there should be an efficient system that allows an association to transform into a social cooperative if the association chooses to. Of course, various opinions against the system may be raised. However, considering the public interest on a social cooperative, gradual increase of its scope is necessary. True nature of a social cooperative is private. However, in Korea, Framework Act on Cooperatives was enacted as a result of private and public cooperation. While the Korean government has an authority to intervene social cooperatives, it allows social cooperatives to establish their own bylaws, and to manage under such bylaws independently from the government. This shows that independent management of a social cooperative is, to some extent, guaranteed. However, when a basic system for a social cooperative is established in the future, government led regulations on social cooperatives should be eased. Furthermore, more legislative analyses are necessary to promote efficient establishment and management of a social cooperative.