[1] Requirements for establishing an unincorporated association

[2] The case holding that although the rules of an organization were established and the report on establishment was made as a social organization, it cannot be recognized as an unincorporated association on the ground that there is no evidence of substance such as membership's specific qualification, operation of a general meeting, management of property, method of representation, etc.

[1] Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate body as a party to an association or foundation, even if it is a non-corporate body or foundation, where it has an entity as an association or foundation and conducts social activities or transactions through its representative or manager, disputes arising therefrom shall be settled in the name of the organization as a party to a lawsuit. Thus, the term "association" refers to a group of many persons organized for a certain purpose, which has determined an organization to externally represent the association. Unless there is an exceptional organization established naturally without a special organization act such as clan or literature, an unincorporated association must be organized to establish an unincorporated association. Thus, in order to establish an unincorporated association, an organization must have the substance of the association. Thus, even if a certain organization has designated its external purpose, name, office and representative, it shall not be deemed an unincorporated association unless it is proved that it is an organization to recognize the substance of the association, its financial basis, operation of the general meeting, management of property, or other organization's activities.

[2] The case holding that although the rules of an organization were established and the report on establishment was made as a social organization, it cannot be recognized as an unincorporated association on the ground that there is no evidence of substance such as membership's specific qualification, operation of a general meeting, management of property, method of representation, etc.

[1] Article 31 of the Civil Act, Article 48 of the Civil Procedure Act / [2] Article 31 of the Civil Act, Article 48 of the Civil Procedure Act

[1] Supreme Court Decision 91Da16525 delivered on August 27, 1991 (Gong1991, 2428), Supreme Court Decision 91Da30675 delivered on November 26, 1991 (Gong1992, 293), Supreme Court Decision 93Da51591 delivered on April 26, 1994 (Gong1994, 14666), Supreme Court Decision 92Da36052 delivered on June 28, 1994 (Gong194, 2078), Supreme Court Decision 94Da56401 delivered on March 12, 196 (Gong196, 1230) / [2] Supreme Court Decision 93Da5405 delivered on November 14, 1994 (Gong1994, 194, 1230)

The North Korean Association of Anti-Corruption and Meritoriouss Co., Ltd. (Attorney Hah-soo et al., Counsel for defendant-appellant)

Defendant 1 and one other (Attorney Kim Yong-sik, Counsel for the defendant-appellant)

Seoul High Court Decision 96Na14083 delivered on April 25, 1997

The appeal is dismissed. The costs of appeal are assessed against the Nonparty’s representative.

We examine the grounds of appeal.

On the first ground for appeal

Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate entity as a party to an association or a foundation, even if it is not a corporation, has an entity as an association or a foundation and is engaged in social activities or transactions through its representative or manager, disputes arising therefrom shall be arising under the name of that organization as a party to a lawsuit. Thus, an association referred to in this context refers to a group of multiple persons organized for a certain purpose, which has a provision regarding an organization externally representing an association (see Supreme Court Decision 91Da30675 delivered on November 26, 191). Unless an exceptional organization is naturally formed without any special organization act such as clan or clan, it is necessary to establish an unincorporated association. If it is a non-corporate association, it shall have an organization with the substance of the association. If any organization determines its external purpose, name, office or representative, even if it determines its representative, it shall not be deemed an association unless it proves its substance as an organization, its basic financial purpose, operation of the general meeting, management of property, and other activities of an association.

According to the records, it is difficult to accept the lawsuit from the non-party's association without legal personality as the non-party's non-party association's non-party representative or non-party's representative's non-party representative's non-party association's non-party representative's non-party representative's non-party representative's non-party representative's opinion cannot be acknowledged at the time of the establishment of the North Korean Anti-State Association for the purpose of protecting, fostering, and succeeding to the deceased's bereaved family members' association under the name of the Association of Anti-State Property (the Association of Anti-State Property) which constitutes an incorporated entity on August 15, 1954 and registered as the Association of Anti-State Property for the purpose of protecting, fostering, and succeeding to the deceased's bereaved family members' association. Since the non-party's association cannot be seen as being an association with the same substance as the deceased's bereaved family members' association' representative's non-party representative's non-party representative's non-party representative's non-party representative's non-party representative's non-party representative's non-party representative's opinion.

Therefore, without further proceeding to decide on the remaining grounds of appeal on the premise that the lawsuit in this case is legitimate, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)