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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2016Du49891 Decided December 22, 2017【Revocation of Disposition Revoking Permission for Incorporation】* First draft [full Text]
Summary
[1] Requirements for a nonprofit organization to be deemed as having “engaged in acts harming public interests,” which is the ground for revoking the permission for establishment of a nonprofit organization as stipulated by Article 38 of the Civil Act
Method of determining whether that organization’s business of purpose or its existence itself harms public interests
[2] In a case where: (a) a group of people who share the same values or beliefs freely come together and establish an organization for a common purpose, and that organization becomes incorporated upon permission and conducts activities as an incorporated organization; and (b) there are concerns of social conflict arising from attempts to deny the existence or block the activities of that organization by either an individual or a group with opposing values or beliefs, where such circumstance alone is sufficient to readily conclude that the relevant organization’s business of purpose or its existence itself falls under cases of harming public interests (negative)
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