공익법인의 설립

A Study on the Establishment of Public-Service Corporations

Citizens may establish diverse types of organizations out of voluntary motivations, and can thus promote general public services. As a law which governs public-service corporations, there is a special law of the Civil Act which pertains to the establishment and operation of public-service corporations. According to this Act, a public-service corporation refers to a foundation corporation or an incorporated association which conducts businesses about support for or payment of schooling fees, scholarships or research grants, academic activities and charities to contribute to public services. Therefore, to establish a public-service corporation, the purpose of establishing one should be public services involving scholarships, academic activities and charities. And, articles of association for a public-service corporation should be written. Its articles of association should specify requirements for a public-service corporation. A foundation corporation requires the contribution of assets enough to smoothly execute its intended business. The establishment of a public-service corporation requires the approval of the competent agency. Therefore, an applicant for the establishment of a public-service corporation should fill out the prescribed form and submit it to the competent agency along with a set of required documents. At its discretion, the competent agency will assess and approve or disapprove such applications, and its disapproval should not be the target of trial according to judicial precedents. A public-service corporation, like a non-profit corporation under the Civil Act, can be established by registering in the location of its main office. After registering its establishment, a public-service corporation should report the transfer of its assets and registration of establishment to the competent agency. A public-service corporation, which is so established, can receive various tax breaks. However, if the corporation harms public interests or does similar acts, its establishment may be cancelled by the competent agency. The current Public-Service Corporation Act makes the scope of applying public services such as academic activities and charities narrow, does not make the criteria for public services clear, makes the competent agencies discretion for approval or disapproval vary according to such agencies, and makes the establishment procedure particular. Such problems are being raised. Therefore, the criteria for acknowledging public services should be expanded to cover a wider range of public services, the competent agencies discretion for approval should be shifted to binding approval and excessive regulations should be abolished. Public services should not be exclusive to the state.