지역어민회의 법적 성질과 회원의 가입·탈퇴 문제- 포항지역어민회 사례를 중심으로 -

초록

Fishing ‘Gye’(copartnership) and fisheries cooperatives are representative of the communities formed around the fishing villages, but in some cases, local fishermen's associations appear in legal relations. The local fishermen's association is neither a naturally occurring organization nor an organization established by law, but it also plays an important role in the process of distributing compensation for the extinction of fishing rights in fishing villages. However, there are many parts that are not clearly explained, such as what the legal nature of the local fishermen's association is and how members join and withdraw from the local fishermen's association. This paper examines the legal nature of the local fishermen's association and the problems related to joining the association and withdrawal of membership, focusing on the case of the Pohang local fishermen's association in relation to the distribution of compensation for the extinction of fishing rights. To this end, it will be examined the relationship between the fishery cooperatives and the fishing Gye(copartnership), the meaning of joining an organization, the issue of compulsory membership in the organization, and related issues such as the subject of the ownership and he subject of the exercise of the fishing rights. In this thesis, the author does not merely analyze the legal nature of the local fishermen's association and the problems of membership and withdrawal, he emphasizes through this paper that the issue of forced membership or the resolution of the general meeting is a problem that can be generally applied to organizations in which membership may be contested, although the membership qualifications are spitulated in the bylaws.

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