團體 法理의 再照明: 宗中財産의 法的 性格

대법원 2005. 7. 21. 선고 2002다1178 전원합의체 판결 이후의 과제

This article is a review of a decision of the Supreme Court of Korea - on the equal right of women in the Chong-Joong membership, a Korean traditional incorporation of descendants for the memorial service for the ancestors. The Supreme Court of Korea held that the customary law barring women from Chong-Joong was not valid any more. The author is of opinion that the American prospective overruling theory, which is adapted by the majority of the supreme judges, needs to be discussed precisely in spite of its attractive role in Korean legal system. The author is mentioning the sale and distribution of Chong-Joong assets, criticising the dogmatic approach of rigid distinction between incorporation and nonprofit fund in Korean precedents.