한·중·일회사법제의 비교연구

In recent, Korea, China and Japan have an increasing interest in organization of North East Asia Association through the influence of NAFTA and EU. The history of exchange between three nations is longer than 2000 years, but could not organize any economic association still now. Nevertheless, economic relation and direct investment between three nations are increasing very rapidly. Three nation have some different characters on the corporate form because each nation has its own historial background, political and economical situation, business culture etc. We think, the three nation have to overcome the difference between them to achieve the association and to increase economic exchange, investment. And we have to understand the difference to develop and study more the relation between three nation. Korea and Japan regulate two kinds of business partnership as a corporation, such as limited partnership and unlimited partnership. China regulate two kinds of business partnership, as not a corporation but a partnership. But stock corporation and limited liability company are regulated in three nation. In the last 10 years, three nation tried to make better corporate governance and improve nation's competitive power. The organization of corporation in the past was changed remarkably. Japanese new corporate law in 2005 is on the assumption that corporation has flexibility and diversity. So that, there can be various form of corporation in Japan. Korea also made a revised bill to accept flexibility and diversity and to reflect practical situation. Especially, the revised bill proposed to accept LLC and change the corporation widely. In comparison with Korean and Japanese law, Chinese law is insufficient in flexibility and diversity and it has a lots of difference. For example, board of director and board of auditors in a corporation are composed of the representatives of shareholders and the representatives of employee. In future, 3 nations have an influence on each other and achieve a great result of exchange and investment. We hope this study will be a basic material to understand each country.