宗中의 自律權과 그 限界

Clan’s Autonomy and its Limit

This article aims to review the rules about clan(‘Jongjung’) and make prospects on law of clan. Clan is a customary organization that consists of member who have come of age for the purpose of protecting the graves of collective ancestors, conducting religious service and enhancing friendliness among the members. Korean Supreme Court have ruled legal relationship about clan by custom until now. But from now on clan’s autonomy should be respected more than custom and effort made to succeed and develop our traditional culture in such a way that is shall be in harmony with the modern legal order. The past common law that limits the clan membership to adult male is no longer legal effective. Because the old custom deprive the chance to participate in clan activities such as protecting the graves of the collective ancestors and conducting religious services for ancestors only based upon the gender that is determined by birth, and therefore shall not be deemed justifiable. Clan organize members according to age, residence, and so on. But clan can’t discriminate women as to clan membership. The clan property is managed and disposed of in accordance with the trust purpose by the clan and it shall be distributed in accordance with reasonable criteria to all the descendants including not only adult females but also minors, and it shall be interpreted that distribution only to the clan members shall not be tolerated.