주주대표소송상 화해와 강제집행에 대한 소고

This is a study on the several procedural aspects of the shareholder derivative suits. The topics of this article covers shareholder’s standing, suit-joining, settlement and execution. In order to solve these problems the piece examines, the suits’ characteristics and legal nature. On the strength of the surveyed characteristics the procedural topics are well lined up to a comprehensive and systematic context, which overcome the old fragmentary and inconsistent study behavior. To the standing problem the article concludes that the shareholder-plaintiff is entitled to suit on the behalf of the corporation and has little relation to the theory of the contemporaneous share ownership in American law. As the shareholder-plaintiff's standing is additional on that of the corporation, it is natural, as showed in this piece, that the corporation can as an independent plaintiff join the current derivative suit. The corporation has a right to execute with shareholder-plaintiff’s writ of execution, as it has a original interest in the suit. Nevertheless, the shareholder-plaintiff has a supplementary right to execute, when the corporation is not willing to execute. The author that the legal mechanism of the Korea shareholder derivative suits could be well designed to cope with the growing corruption of corporations, and that it could have a good effect on the development of the legal system in this area.