한국에서의 기업의 인수를 둘러싼 분쟁유형

Mergers and acquisitions are categorized into two groups, negotiated and hostile. Relating to negotiated acquisitions, few cases are found in Korea. Although post closing indemnification claims have been filed in many cases, they tend to have been resolved by negotiations. Hostile acquisitions, however, are almost always resolved through court decisions.  Korean courts, however, fail to clarify the standards for injunctive relief or other temporary orders. Nonetheless, issuance of new shares or convertible bonds and disposal of treasure shares was initially regulated by judicial precedents, and subsequently statutory authorities adopted the standards. As mergers and acquisitions are regarded legitimate ways to expand business, more disputes would be brought up to the attention of the legal profession. In addition to the stipulation of legal norms, a more fundamental policy goal should be established based on consensus among the constituents of the Korean society.