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TITLE 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 interest,” which is a ground for revoking permission for the 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 per se harms public interest
[2] In a case where: (a) a group of individuals sharing the same values or beliefs freely assemble 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 exists concerns of social conflict arising from attempts to deny the existence, or block the activities, of that organization by either an individual or group with opposing values or beliefs, whether such circumstance alone is sufficient to readily conclude that the relevant organization’s business of purpose or its existence per se falls under cases of harming public interest (negative)
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