개정상법상 전자투표제도와 주요 법적 논점에 대한 소고

As many companies select the same date and time for a general shareholder's meeting, shareholders have difficulty in attending the meeting. Therefore, it has been said that the functions of shareholder's meeting have not worked properly and have been perfunctory. To improve this situation and encourage the electronization of corporate management, in the process of amending Commercial Code, the Commercial Code introduced electronic voting system which enables shareholders to exercise voting rights via the electronic communication without being present in real shareholder's meeting. The electronic voting system has various benefits. For example, it will make shareholder's meeting active and fruitful because it provides minor shareholders with better chances of exercising their rights through the elimination of time limit and physical distance. Moreover, Corporations can raise public relations and save much cost with respect to management of shareholder's meeting. However, prior to implement electronic voting system, we need to check several legal issues such as validity of electronic voting processed under communication network failure, preliminary grasping of electronic voting results for companies, the time limit of electronic voting, and construction of voter's intention to the bill changed at the shareholder's meeting etc..