• The Journal of the Korea Contents Association
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• v.12 no.5
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• pp.188-198
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• 2012

Church is one of organizations recognized not as corporation but as private association and therefore its identity and possession of properties must be confirmed by the general theories of the civil law in relation not to corporation but to private association. Different from corporation, the internal relations of private association is primarily regulated by the articles of association. When there is no article of association, ordinary resolution and provisions for incorporated association in the civil law are applied by inference. As for the debt of private association, all the members own it in a quasi-joint manner (article 275 and 278). For the last 50 years, the judicial precedents of the Supreme Court has permitted the partition of church for the Protestant church and ruled that the relationship of properties at the time of partition is the joint ownership by church members at the time of partition. This ruling is different from that of corporation and ordinary principles of law. However, a new judicial precedent (the Supreme Court, 2006. 4. 20, 2004다37775) prescribes that different from corporation, the partition of private association is not allowed. Thus, in order to settle the dispute of private association, the Supreme Court changes its traditional standpoint of allowing partition into denying it. This ruling seems to reflect the necessity of settling dispute above all.

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• 건축구조
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• v.11 no.2
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• pp.23-29
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• 2004

우리회는 한국기술사회건축구조분회로 출발하여 2년 전 유병억 회장님시절 개인사업자등록증을 발급받아 구조분회가 아닌 개인 사업체로서 한걸음 진일보하였다가 작년에야 비로서 우리의 숙원이었던 과학기술부 산하 사단법인체로 등록되면서 명실공히 사단법인 한국건축구조기술사회로 위상을 한단계 격상함으로서 합법적으로 정부로부터 인가받은 단체로 발돋음하였다. 그동안 건축구조안전에 대한 문제점을 알고 있었으나, 정부와의 어떠한 합법적이고 독립적인 통로가 없어 제대로된 의견개진을 할 수 없었던 상황에서 이제는 올바른 통로를 확보한 첫 걸음이라고 판단된다. 아직도 우리가 헤쳐나아가야 할 길은 멀고도 험난한 상황임을 잊지말고 끈기있는 인내심과 중단없는 전진을 통해 하나씩 건축물의 구조안전을 확보하기 위한 방안을 위해 지속적으로 노력을 하였으면 한다. 올해 2월 정기총회를 통해 사단법인으로 처음 출발하면서 이동헌회장님을 비롯한 신임회장단이 선출되었고, 그 장도의 첫발을 내딛으면서 앞으로 우리가 어떤 목표를 견지하여야 할 것인가에 대해 의식고취 및 앞으로의 방향설정을 위해 지난해 3월 건설교통부에서 발족한 건설교통안전기획단의 검토 내용에서 발췌한 현행 실태와 문제점 및 대책 중에서 건축물의 구조안전과 관련된 문제점을 다시 한번 되새기면서 우리의 목표와 방향을 점검하는 계기가 되었으면 한다.

• Journal of Venture Innovation
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• v.3 no.2
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• pp.95-109
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• 2020

The source of value-added creation in modern times has been transformed from material to man's value-added generating power, and ownership of the means of production has been converted from a particular landlord, capitalist to a person with value-added capacity, and a system of capital participation is needed beyond the profit-sharing system or performance incentive system in which workers of an enterprise participate in simple profits if they significantly increase the added value of the company. It is also necessary to introduce our private stock system as a means of addressing the problem of capital bias and for the stable development of capitalism. The purpose of Employee Stock Ownership Plans is to improve the economic and social status of workers and promote labor-management cooperation by allowing workers to acquire and hold shares of the stock company in which the employee ownership association is established through the employee ownership association, but the reality is that our stock ownership system has failed to achieve its purpose due to insufficient protection against the employee. In terms of welfare, the acquisition of our company shares should include active government support for the welfare of workers' ownership on a social welfare level rather than on the logic of the capital market, and in terms of investment, it would not be appropriate to apply the regulation for investor protection to see workers' acquisition of our company shares as 'investment' in the view of workers' willingness to own shares on the stock market. Therefore, as a way to support and deregulate employee's stock acquisition, 1. Expanding direct support, such as tax support, 2. As employee's stock ownership association is being discussed as a division's nature, it is less effective in terms of various management, not investment, and 3. Those who own stocks with 1% of the company's shares and 300 million won in face value will be classified as major shareholders. As a way to reduce the risk of management of our company owners and cooperative funds, As a measure to reduce the risk of management of our company owners and cooperative funds, only our employee shareholders' association shall manage the fund in a long-term deposit, and even though our employee's stock is managed by the association or company after the end of the deposit period, the management of each employee shall be allowed and In terms of improving the utilization of our company's stock and fund, 1. Employee's stockholders are prohibited from lending during the deposit period, but it is necessary to improve profitability by allowing them to borrow under strict restrictions, 2. It is necessary to make the use of the employee's welfare funds available for the preservation of losses, and to stipulate the redemption obligations of unlisted companies in order to improve the redemption system of our company.