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A Study on the revised Commercial Act and Enforcement Ordinance related to Corporate Governance
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개정상법 및 시행령상 기업지배구조 변화에 관한 연구 : 집행임원․사외이사․준법지원인 제도를 중심으로

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Type
Academic journal
Author
You-Sun Nam (국민대학교)
Journal
Korea Business Law Association BUSINESS LAW REVIEW Vol.26 No.1 KCI Accredited Journals
Published
2012.3
Pages
47 - 78 (32page)

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A Study on the revised Commercial Act and Enforcement Ordinance related to Corporate Governance
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Abstract· Keywords

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The 2011 revised Commercial Act and its introduced an Enforcement Executive System and a Compliance Officer System to separate executive functions and supervising functions in order to improve the effectiveness and efficiency of business activities and decision making processes and to strengthen the law-abiding business managements. While there had often been disputes over the qualification of compliance officers and which companies should be subjected to the compliance officer system, the stipulated standard of KRW 500 billion, in the 2011 E, is deemed to be a reasonable standard which does not overburden the companies while its effectiveness is expected. Also, it is deemed appropriate to open the door to the applicants with working experience and abolish the requirement of the bachelor’s degree in Jurisprudence. However, the problematic issues raised and discussed in this paper should be monitored and be subjected to improvements during the execution of the enforcement processes in the future.
Also, it should be noted that, especially regarding the Compliance Officer System, as shown by the information sharing process within the Chinese Wall Policy, even in absence of a substantive enactment, the United States and other nations have established a near-ideal system through practical operation in their business practice. Therefore, errors intensifying the confusion by taking an indiscreet amendment process should be avoided and instead, a direction which decreases trials and errors through continuous monitoring process should be taken.
Recently, a notice of legislative mandates for the proposed legislation regarding the financial corporate governance which strengthens the outside director system has been published. Also, the Ministry of Justice is expected to amend the commercial law to strengthen the outside director system. The Enforcement Executive System, Compliance Officer System, and Outside Director System are significant changes which have important bearing on the corporate governance. The economic circle, legal circle, and the government are expected to work in accord to reduce the distrust incurred in the past so as to improve the transparency and efficiency of corporate governance.
#개정상법 #개정상법시행령 #기업지배구조 #집행임원제도 #사외이사제도 #준법통제기준 #준법지원인제도 #2011 revised Commercial Act #corporate governance #Executive Officer System #Outside Director System #Compliance Officer System

Contents

Ⅰ. 서론
Ⅱ. 개정상법의 기업지배구조 변화요소
Ⅲ. 집행임원제도
Ⅳ. 사외이사제도
Ⅴ. 준법지원인제도
Ⅵ. 결어
參考文獻
〈Abstract〉

References (3)

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김건식, 안수현. 준법감시인제도의 조기정착을 위한 시론. 증권법연구. 2002 dbpia 박강익, 박수영. 사외이사의 현황과 문제점에 관한 연구. 기업법연구. 2007 dbpia 심재한. 상법개정안에서의 회사지배구조와 집행임원제도. 한림법학 FORUM. 2008 dbpia

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  • 대법원 2007. 5. 10. 선고 2005다4284 판결

    [1] 상법 제398조 전문이 이사와 회사 사이의 거래에 관하여 이사회의 승인을 얻도록 규정하고 있는 취지는, 이사가 그 지위를 이용하여 회사와 거래를 함으로써 자기 또는 제3자의 이익을 도모하고 회사 나아가 주주에게 불측의 손해를 입히는 것을 방지하고자 함에 있는바, 이사회의 승인을 얻은 경우 민법

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