일본에 있어 기업에 대한 규제완화의 현황과 시사점 - ‘産業活力再生特別措置法’을 중심으로 -

The government of Japan should take some drastic measures to revitalize the ailing economy, specially to establish ‘Act on Special Measures for the Vitality of Industry’ in 1999. This act is aim aimed at easing of restrictions for corporation. However, a exceptional provision on ‘Act on Special Measures for the Vitality of Industry’ have been reflected in Japanese law on corporations, which were radically revised and reorganized into the new Corporate Law enacted in June 2005 Since 1981, in Japan, the Commercial Code has been substantially revised, and then new corporate law has been achievement. These revisions of the commercial code undeniably show a tendency to bring into Japan the shareholder-oriented corporate governance which is practiced in the U.S. In this sense, the 1990s were the decade when American standards were seen as global standards, and Japanese corporate managers felt a psychological pressure not to lag behind the “global standard” in any aspect of management, not only in the field of corporate governance practices. Japanese law on corporations, which were radically revised and reorganized into the new Corporate Law enacted in June 2005, will take effect around May 2006. We have acknowledged that the frequent changes in the corporate law over a short period of time are the inevitable results of the current economic environment and the fact that the corporate law is the basic law providing the organizational structure of companies, the financing methods and so on. Confronted with a dynamic and increasingly competitive global economy. In conjunction with this change, the flexibility of corporate organizational structure will be increased. A new Japanese form of limited liability company will be created. To make it easier to establish a company, requirements such as minimum capital and the need for a financial institution to issue a “capital custody certificate” to show that a company's capital has been fully remitted, will be abolished. In this article, with these issues in mind, I will take a look at the issue about easing of restrictions for corporation in Japan, specially to focus on ‘Act on Special Measures for the Vitality of Industry’. And then I would like to explore the problems and implication about corporate law in Korea.