일본의 공익법인제도 개혁

The Reform of Public-Interest Corporation System in Japan: Focusing on the ｢Qualification of Incorporated Public-Interest Association and Foundation Law｣

It was estimated there was no fundamental re-evaluation of Japanese Civil Code which was the basis of the establishment of public-interest corporation even though it was enforced more than 100 years ago. Japanese Civil Code classified corporations into public-interest corporations and profit-making corporations, this ensued the problem of how to deal with the corporation which does not pursue any profit nor public-interest. Furthermore it was criticized that it was difficult to set up a public-interest corporation for it required permissions from relevant administration and that there Was vagueness associated with the judgement of having public -interest. To cope with these problems, Japan has tried various ways to end up with the fundamental re-evaluation of Public-Interest Corporation System. This resulted in three laws associated with the reform of Public-Interest Corporation System. These are ｢Ordinary Incorporated Non-Profit Association and Foundation Law｣, ｢Qualification of Incorporated Public-Interest Association and Foundation Law｣ and ｢Arrangement Law of Related-Laws｣. These were established on 26th of May in 2006 and published on 2nd of June in the same year and will be enforced on 1st of Dec. in 2008. These three laws are related as belows. ｢Ordinary Incorporated Non-Profit Association and Foundation Law｣ is a basic law of public-interest corporation system. This law makes easy to set up a corporation regardless of public interest, separating the qualification of public interest from the establishment of corporation. This is the characteristic advancement of this reform. The corporation once established could be a public-interest corporation if it were qualified as having public- interest, and these are regulated in the ｢Qualification of Incorporated Public-Interest Association and Foundation Law｣. The characteristic procedures of this law are when established corporation applies for the qualification of public-interest, relevant administration should consult to the committee comprised of civil intelligences first and judge after the reply to give qualification. The preexisting public-interest corporations and interim corporations can turn into public-interest corporations or general corporations under new system. These processes are under the control of the ｢Arrangement Law of Related-Laws｣. And this law also regulates the process of the existence and transition of incorporated public-interest association and foundation under past civil codes. The explanation and review will be made on the reform of public- interest corporation system in Japan focusing on the ｢Qualification of Incorporated Public-Interest Association and Foundation Law｣. The other two laws will be speculated if necessary to explain the former. I hope this review of Japanese system would be a reference to ours.