증권집단소송제도에 관한 고찰 (미국과의 비교를 중심으로)

Managerial transparency is already sympathized in the international community, and it has become the new Business Paradigm. The Securities-related Class Action Lawsuit was performed for the purpose of increasing the transparency of the management through solving efficiently the collective damage caused in the process of Securities Exchange with the company from January 1, 2005. However, the lawsuit did not work for at least 4 years, it means the finish of its is concerned. But the first company was being filed by the law on April 13 this year. Because that company disclosed its results without the loss of KIKO, KIKO is a product of currency options trading. If the shock of the 2008 Sub-prime Mortgages, which hit the global financial markets, would spread to the real economic sector, and the insolvent company would be revealed their real conditions, The problems of investors' damages might be naturally appeared. Therefore the possibility that the companies lied or faked their weak financial affairs and the accounting firm audited these companies would be taken to court was pointed out. it is clear that we need to look into The Securities-related Class Action Lawsuit again, So the most important priority of a company's response strategy is to build internal control systems. If the Internal control systems are properly placed, incorrect information can be prevented from being disclosed. Next, when the companies disclose their document, They should increase their accuracy as much as possible. The adequacy of the disclosure document is based on the safe keeping, management of it. The defendants directors and executive officers have to check regularly the accounting and disclosures. Furthermore, the result of the review of the Financial Supervisory Service is likely to be strong evidence of the securities class action lawsuit. So the best way is for the company not to have any particular faults. As a result internal accounting professionals must be secured.