민법 총칙편 제3장(법인) 제1절(총칙)과 제2절(설립)에 관한 개정방향

Amendment Proposal Relating Civil Act Part Ⅰ Chapter Ⅲ Section 1 and 2

In this thesis, I investigate problems in Civil Act Part Ⅰ(General Provisions) Chapter Ⅲ(Juristic Persons) Section 1(General Provisions) and 2(Incorporation). And, I propose reasonable amendments that these problems do not exit. Ⅰ. The Amendment of Civil Act Part Ⅰ Chapter Ⅲ Section 1 1. Is it right to prescribe General Provisions in Civil Act Part Ⅰ Chapter Ⅲ? I think that it is unright to prescribe them. 2. The Amendment of Civil Act Article 32 I investigate problems in Civil Act Article 32. And, I propose a reasonable amendment on this Article. Especially, it is right to amend Civil Act Article 32 as follows. Civil Act Article 32 (Incorporation of Non-profit-marking Juristic Person and Permission thereof) ① Person who intends to found non-profit-marking incorporated association must gain the permission of the competent authorities. ② Also, person who intends to found incorporated foundation must gain the permission of the competent authorities. 3. The Amendment of Civil Act Article 38 I investigate problems in Civil Act Article 38. And, I propose reasonable rational amendments on this Article. Especially, I comment our governmental amendment proposal on this article. Ⅱ. The Amendment of Civil Act Part Ⅰ Chapter Ⅲ Section 2 1. The Amendment of Civil Act Article 40 I investigate problems in Civil Act Article 40. And, I propose reasonable rational amendment on this Article. Especially, it is right to delete Civil Act Article 40 Number 7. 2. The Amendment of Civil Act Article 41 I investigate problems in Civil Act Article 41. And, I propose reasonable amendment on this Article. Especially, it is right to change Civil Act Article 32 into Civil Act Article 32 Clause 1. 3. The Amendment of Civil Act Article 42 Especially, it is right to delete “concerning the quorum” in Civil Act Article 42 Clause 1 proviso. 4. The Amendment of Civil Act Article 55 It is right to amend Civil Act Article 55 Clause 1 paragraph 2. 5. The Amendment of Civil Act Article 56 It is right to change “nor” in Civil Act Article 56 into ｢and｣.