개정 국제사법과 조합에 관한 槪說

초록

Under our civil law, associations have the character of entity and contract. Therefore, our civil law solves issues related to associations by using the law regulating the entity in certain cases and contract law in other certain cases. In private international law, it is also necessary to review how to approach the governing law or the decision of international jurisdiction related to the association. In 2022, the Private International Law Act was fully revised and enforced. As revised Private International Law Act separately regulates the case of a organization and the case of a contract in determining the international jurisdiction or governing law, it is necessary to review how it is. The contents reviewed in this paper are summarized as follows. ① Under our civil law, it is difficult for the association to be subsumed by the concept of ‘organization’ specified in the Private International Law Act. Therefore, it is not possible to apply the provisions of the governing law or international jurisdiction regarding corporations and organizations to associations. ② Under our civil law, a association has the nature of a contract, so it has to be basically handled according to the rules on contracts under the Private International Law Act as well. However, since there are special rules regarding the content and subject of each obligation (e.g., real estate), it is necessary to examine them separately. ③ Organizations within our legal system similar to associations or foreign organizations corresponding to our associations must be individually weighed and reviewed. This is because under our civil law, there are organizations that has the character of entity so that could be regarded as unincorporated juridical organization, and it is necessary to consider the recent revision of foreign legal systems. However, the above is only an overview of the handling of the association under our private international law. I believe that additional research is needed on substantive legal content, such as a study on the status of the association itself or a review of its legislative theory, and based on this, in-depth discussions on private international law in individual situations are required.

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