최근 상사법제 개선에 관한 비판적 고찰과 한국형 코퍼레이트 거버넌스이론 : 상법의 정체성과 법적 안정성을 중심으로

In the latter of half 90’s, this article had been overcome in the crisis of foreign Exchange that actively unfold to be discuses into the improvement of corporate governance construction in the laws of remedy for clearing reconsideration of business management. On the other hand, even if the link of global corporate and governance spread out of it, our cases not only fairly were not formed in these arguments but also even though the various advanced country we pointed out that emerging in the new problems by the legislating improvement law without the root of fundamental law. In other words, it is actually that insecurely soft landings of various new systems are exceptions, not only almighty legislation overflows to be damage in the legal safety but also business management be come san issue by acting so responsibility.To do this, this paper is to embody the identity of commercial law that has placed in the situation of fundamental law by focusing the legislation phenomenon; it is base on the conservative perspectives that sparking renewed discussion about the presently legislation policy to the critical thinking; about this matter the global corporate and principle of governance dualistic rearranges; this paper bring a matter to light the state of South Korea and indicate about an personal opinion for the upright global corporate and principle of governance.