沿革으로 본 東北亞 韓·日·中 3國의 株主代表訴訟

This study deals with the derivative suit in Korea, Japan, and China, which is an action by the shareholder on behalf of the company in case the company doesn't take legal action against the director's abuse of power. Even though these three countries have altogether same kind of regulation, the contents are different. First of all, Japan has the very stipulated provisions considering both aspects, promoting this right and protecting abuse of this right. Korea has almost same provisions compared Japan's. But in some point, more stipulated provisions are needed. On the other hand, Chinese Corporation Act has just a single provision, which is regarded as insufficient to manage the cases. Through understanding the back ground of respective regulation,this paper tried to figure out differences and to find the cooperations among them. In Japan, 60years has passed since it was introduced, while 50years, in Korea and just 5years, in China. And so I anticipate that the experiences of two countries will furnish well with much informations for China.