기업가치향상을 위한 규제방안 - Soft Law를 중심으로-

The recent corporate scandals raise serious questions about the state of corporate regulations. Now, we realize that there are many problems in regulating the corporation crimes, because it is difficult to punish the corporation only through the criminal laws. The aim of regulations on the corporation in the present day is deterrence role to an enterprise's unlawful act and improvement of corporate governance. However It is ineffective to deterrence role to an enterprise's unlawful act, because corporation have been observed the regulations on it's own intiative. The paradigm shift of the corporate regulation were the introduction of soft law. The term "soft law" refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat "weaker" than the binding force of traditional law, often contrasted with soft law by being referred to as hard law. Traditionally, the term soft law is associated with international law, although more recently it has been transferred to other branches of domestic law as well. There is an important example of soft law, that is to say the ISO26000. ISO26000 is an international standard giving guidance on SR. Sustainable business for organizations means not only providing products and services that satisfy the customer, and doing so without jeopardizing the environment, but also operating in a socially responsible manner. The guidance in ISO26000 draws on best practice developed by existing public and private sector SR initiatives. In this article, with these issues in mind, I would like to explore the paradigm shift of corporate regulation to enhance Corporate Value, specially focus on making the best use of the soft law.