[1] The legal character of the clan and the autonomy of the clan regulations

[2] The case holding that the clan rules cannot be deemed null and void against the essence of the clan or the purpose of its establishment merely because the clan rules provide its members with the right to recommend candidates for the president and the right to elect members for the clan membership together

[1] A clan is a clan organization naturally formed for the purpose of protecting the graves of the common ancestor, conducting religious services, and promoting friendship among the members of the clan, and if the clan has been organized and continuously engaged in activities to the extent represented by the representative elected in accordance with its rules or customs, the organization as a non-corporate association is recognized. In light of the nature and legal nature of the clan, it is desirable to respect the clan as much as possible as possible, and therefore, in principle, its validity shall be recognized unless it violates the essence or purpose of its establishment, such as infringing on the unique and basic rights of the clan members, such as infringing on the essence or purpose of its establishment.

[2] The case holding that the clan rules cannot be deemed null and void against the essence of the clan or the purpose of its establishment merely because the clan rules provide the members with the right to recommend candidates for the president and the right to elect the members of the clan

[1] Article 31 of the Civil Act / [2] Article 31 of the Civil Act

[1] Supreme Court Decision 2004Da47024 decided Oct. 26, 2006 (Gong2006Ha, 1966)

Plaintiff (Attorney Yoon-soo et al., Counsel for the plaintiff-appellant)

Defendant clan (Attorney Jeon Soo-soo et al., Counsel for defendant-appellee)

Seoul High Court Decision 2004Na52301 Delivered on May 10, 2005

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

A clan is a body of a clan naturally created for the purpose of protecting the graves of a common ancestor, conducting religious services, and promoting friendship among its members, and if a clan has continued to be organized to the extent represented by a representative elected in accordance with the rules or customs, etc. and is performing continuous activities, the organization as a non-corporate group is recognized (see Supreme Court Decision 2004Da47024, Oct. 26, 2006, etc.).

In light of the nature and legal nature of the clan, it is desirable to respect the autonomy of the clan as much as possible, and therefore, in principle, the clan rules should be recognized as valid unless they violate the essence or establishment purpose of the clan, such as infringing on the unique and basic rights of the clan members.

According to the reasoning of the judgment below and the records, Article 6 of the Rules of the defendant clan provides that the chairperson of the clan shall represent the clan and exercise overall control over the affairs of the clan, and that the chairperson of the clan shall elect the clan with the same knowledge and good reputation as recommended by the descendants or the members of the clan, and Articles 11 and 12 of the Rules of the defendant clan set up a highest decision-making agency for the clan members to decide on the major agenda of the clan, such as the opening and closing of the clan, election of the chairperson, vice-chairperson and auditor, deliberation and approval of the budget and settlement of accounts, acquisition and disposition of the property, while the members of the clan which constitutes the clan members shall be elected by taking into account the advice of the clan members and the members of the general meeting to confirm it.

As such, while granting the right to recommend the candidates for the president to the clan members, the right to recommend the candidates for the clan members is entirely delegated to the clan members, and when the clan members elect the clan members, they shall take into account the advice of the clan members and the clan members, and finally, by prescribing that the clan members shall obtain ratification from the general meeting of the clan members, thereby preventing the transfer of the clan members. According to the records, in fact, even if the clan members elected from the defendant clan have been elected by each community, they have been elected by the clan members, and only the clan members who belong to a specific clan or a specific department with which they have an interest, are not elected as the clan members at their own discretion. This is the fact that on June 8, 2003, the descendants recommended by the clan members at issue in this case and the non-party 1 and the non-party 2, who are the clan members, were elected by the clan members at will but did not know that they were elected by the clan members at will and were not elected by the clan members at will.

Therefore, examining these circumstances and the symbolic status of the clans in customary, in light of the legal principles on the interpretation of the validity of the clan regulations based on the autonomy and autonomy of the clan as seen above, the court below is just in holding that the above clans cannot be deemed null and void because it is considerably contrary to the essence of the clan or its establishment purpose, solely on the fact that the court below grants the clans the right to recommend candidates for the president and the right to elect the members of the clan to the members of the clans. Ultimately, the defendant'

Therefore, 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 Nung-hwan (Presiding Justice)