법인이 아닌 사단의 당사자능력과 권리능력

A Study on the Legal Competency of the Associations which are not Artificial Persons

The civil law of Korea was enforced not through rational sorting of accumulated customary laws but through compulsory transplanting of western legal system, thereafter the social practices that had been acknowledged for a long time often got distorted by the present system itself. Jongjung(宗中) or dongri(洞里) is one of those examples. But on the other hand they had such a substantial impact on Korean society that they produced a new theory on legal theory or legislation. Under this new system, disciplines on new groups like churches are formed. Now it is preferable, I think, not to grant the legal competence on the title to those associations which are not artificial persons. Because those associations can t have the title, the property right is entitled to the sum of the group members. And the Civil Procedure Law specifies that the association as a representative of that collective body of people can be a partner.