정부의 2014년 민법개정안 제32조에 대한 비판적 검토

Abstract

There were over 55 years since civil law takes effect. During the period, Amendments of Korea Civil Act are not too many. In particular, Korea Civil Act PartⅠ ChapterⅢ(juristic persons in the general provisions) has been almost not amended. Therefore the need for the amendment is large. Thus Korea Administration submitted amendments proposal of the PartⅠ ChapterⅢ to the National Assembly many times. However the amendments have not taken hold. In this thesis, I study critically the appropriateness for this amendment proposal of Civil Act Article 32 submitted by Korea Administration in 2014(This proposal provides that competent administrative office’s authorization is required in making juristic person. And This proposal provides requirements of authorization). In accordance with this critical study, I brought forward the following amendments. 1. My proposal Article 32 (Establishment of Non-profit-making Juristic Person and Permission thereof) (1) For the purpose of establishing non-profit-making incorporated assosiation, the competent administrative office’s permission is needed. (2) For the purpose of establishing incorporated foundation, the competent administrative office’s permission is needed. 2. My Amendment Proposal in the Case of Keeping the Base of Korea Administration’s Amendment Proposal Article 32 (Establishment of Non-profit-making Juristic Person and Authorization thereof) (1) The person who wants to establish non-profit-making incorporated assosiation should apply for authorization to the competent administrative office by securing the requirements of following cases. 1. 3 promoters who should join members of the incorporated assosiation 2. Bylaw that follow Civil Act Article 40 3. Different name from existing corporate 4. Verification of the other provisions on establishing incorporated assosiation ② The person who wants to establish incorporated foundation should apply for authorization to the competent administrative office by securing the requirements of following cases. 1. Bylaw that follow Civil Act Article 43 2. Different name from existing corporate 3. Verification of the other provisions on establishing incorporated foundation ③ when the authorization applied for in accordance with paragraph 1 or paragraph 2, the competent administrative office should authorize, unless the contents of bylaws violate compulsory and regulating provisions, good moral and other social order.