2007年 確定한 政府의 商法(會社法) 改正案에 대한 意見

1. To amend more flexibly the articles of present Hapzahoesa is requested rather than to establish newly articles of Limited Partnership (Hapzajohap). 2. To amend more flexibly the articles of present Yuhanhoesa and to amend tax law to give special favors to such Yuhanhoesa in order to increase the utilization of such companies is demanded rather than to establish newly articles of Limited Liability Company(Yuhanchaekimhoesa) besides present Yuhanhoesa. 3. It is requested to make supplementary articles about remedy for the defects in which the adoption of no-par share system results. 4. The abolition of minimum capital in stock corporation is requested to be reconsidered, because its abuse maybe will be able to result in big social problems. 5. The Draft allows in principle the acquisition of company's own shares on the contrary of the present article. In that case, it is requested to make necessarily supplementary articles not to infringe shareholder's existing right in disposition of such company's own shares. 6. The Draft permits medium or large size stock corporation to adopt executive officer system voluntarily, and the present Commercial Code(Corporation Code) allows any stock corporation to adopt Audit Committee in lieu of Auditor by its articles or bylaws. But executive officer system and audit committee system are originally systems suitable to large size stock corporation. Therefore, it is requested for large size stock corporation to adopt executive officer system and audit committee system mandatorily, and for medium size stock corporation to adopt such systems voluntarily in the same way as the present Draft.