회사법상 이사 등의 특별배임죄 성립 여부

The director is the necessary and permanent organ of corporate, who has the right of corporate representation and business execution in corporate. This officer above mentioned also must fulfill his care and loyal duty regulated in the corporate law and do his best efforts for achievement of the aim of maximization of corporate interest and minimization of corporate loss. And in the course of corporate management, if corporate loss occur, he can not but take civil liability and criminal responsibility. But in spite of the director of corporate must do his utmost judgement about the corporate business, if the director takes all responsibility of the occurrence loss, in fact anyone don't obtain a seat on the director and preferably he will not avoid a seat of the director. In this case, the corporate provide position security for the director like the join in the D&O insurance etc. And In relation to the rule of business judgement, if satisfied in the formation of the same rule, the corporate exempt the director from his liability. Furthermore, in the recent years, criminal law also is interested in the same problems. Therefore, I will study in whether solve this problem by the a certain method in the criminal law in case of the introduction in the rule of the business judgement.