옵션이론을 응용한 (일부) 법원칙의 재해석

After being developed in the 1970s, Option Theory served as a crucial analytic tool for financial economics. Option Theory can be applied to other areas and may provide useful analytical methodology in many cases where there are uncertainties about future events and where it is helpful to postpone decision-making until future uncertainties are resolved, in whole or in part. Thus, while Option Theory was developed mainly to analyze financial activities, it was applied to many areas where uncertainties are involved. Legal principles are no exception and they can be analyzed using Option Theory. However, it is a relatively recent phenomenon that Option Theory was beginning to be utilized in analyzing law. Trying to fill this gap, this Article aspires to provide analytical examples showing that Option Theory could be used as a valuable tool for interpreting legal principles. More specifically, some of the principles of corporate law, contract law, bankruptcy law and litigation procedure are analyzed using Option Theory. Through the analysis in this Article, it will be shown that some of the existing fundamental framework for analysis may need to be reconsidered for possible modifications.