법인격부인론의 역적용 -대법원 2008.8.21.선고2006다62829 판결을 중심으로-

The doctrine of piercing the corporate veil has created to seek to hold the shareholder(members) to be liable for the actions of the corporation itself. On the contrary situation, so called ‘Reverse Veil- Piercing’, however, it has been controversial whether the corporation may become liable for the debts of its shareholders. This paper deals with such a case which the Supreme Court of Korea handled the problem. Even though the Court rejected the corporation's liabilities for its constituent members, the Court accepted the doctrine of piercing the corporate veil as a proper rule on condition that the corporation is ‘under control by a person of dominant position(Dominance & Control Relation)’. This decision, I think, is very meaningful for adjusting the reverse veil-piercing of corporate entity, as this is the first case dealt with typical “corporate liability for personal debt.”In a view of the fact, I think it is very important to find and decide whether dominant relations they have or not. It is because they are accustomed to concealing their relations by nominal shareholders etc. In conclusion, the Court should try to find the fact to make a decision. In this case too, the possibility to conceal the fact has been left, considering the circumstance.