Unincorporated association

An unincorporated association (권리능력 없는 사단/權利能力不存社團, 법인 아닌 사단/非法人社團) is a group of individuals who jointly form a body or organization other than a juristic person to accomplish a purpose. It means the participants need not establish an association to be registered with the Administration or registration office.

Unincorporated associations are governed in analogy by the provisions with respect to incorporated associations of the Civil Act except otherwise provided on condition of the juristic person.

Key words
unincorporated association, unincorporated foundation, juristic person, legal capacity, collective ownership

Requirements
The unincorporated association shall have:
 * a group of persons under the common purpose;
 * an organization with a representative or steering group; and
 * the articles of incorporation including purpose, general meeting of members, selection of a representative or steering group, management of properties.

The Supreme Court has approved the followings as an unincorporated association:
 * Family clan (문중/종중) Supreme Court Decision 95Da16103,
 * Korean Buddhist Jogye Order (대한불교조계종) Supreme Court Decision 91Da9336,
 * Protestant church (교회) Supreme Court Decision 62Da133,
 * Aggregate building residents' managing committee (집합건물의 입주자대표회의) Supreme Court Decision 91Da4478,
 * Natural village (자연부락) Supreme Court Decision 92Da39532.

Effect
The act of a representative of an unincorporated association is effective to the said association. The representative may become a party to a lawsuit in the name of the said association. Article 52 of the Civil Procedure Act. So any creditor may file a lawsuit to enforce his/her claims against the properties of the said association.

The unincorporated association may acquire a property by its name, and causes itself to be the title holder in the real estate registration. Article 30 of the Registration of Real Estate Act.

The properties acquired by the unincorporated association belong to collective ownership (총유/總有) of the whole members of the said association. Each member may exercise such rights as prescribed in the articles of incorporation of the said association. Each member is not responsible for the liabilities of the said association unless he/she becomes the joint and several obligor for the association.

Unincorporated foundation
Like a unincorporated association, an unincorporated foundation (권리능력 없는 재단/權利能力不存財團, 법인 아닌 재단/非法人財團) is a group of properties which jointly form a body other than a juristic person to accomplish a purpose.

An unincorporated foundation has a substance as an incorporated foundation except the approval of the competent authority and the establishment registration. So it has to be equipped with:
 * the properties contributed to the said foundation;
 * an organization with a representative or manager; and
 * the articles of incorporation including purpose, selection of a representative or manager, operation and management of properties.

Effect
Unincorporated foundations are governed in analogy by the provisions with respect to incorporated foundations of the Civil Act except otherwise provided on condition of the juristic person. The act of a representative or manager of an unincorporated foundation is effective to the said foundation. The representative may become a party to a lawsuit in the name of the said foundation. Article 52 of the Civil Procedure Act.

The unincorporated foundation may acquire a property by its name, and causes itself to be the title holder in the real estate registration. Article 30 of the Registration of Real Estate Act. The properties acquired by the unincorporated foundation belong to sole ownership (단독소유/單獨所有) of the said foundation because it has no members at all.