국제적 법인에 관한 국제사법적 고찰

Our contemporary society is under the influence of globalization across all aspects including economy. That is why business corporations in every country enter the world market via various routes to deploy their own business activities. However, those corporations use different routes to enter the world market, so it is inevitable that there are differences in legal regulations over them. Besides, there are differences in legislations and judicial precedents adopted among countries from one another, so in some of actual cases, it is demanding to regulate those international corporations in legal aspects. In order to resolve the issues concerning the international corporations seeking to enter their world market via various routes, it is necessary to discuss and examine the questions of international jurisdiction to which there are different standpoints among countries from one another. Thus, this study focuses particularly on relevant legislations, jurisprudential hypotheses and judicial precedents applied in advanced countries such as United States, United Kingdom, Germany, Japan and Korea with a view to examine the possible international jurisdiction of international corporations from the perspectives of comparative law. Next, when it comes to resolving the issues of corporation in the aspect of private international law, it is necessary to consider the concept of corporation's nationality. That is, there are different requirements from country to country for corporation or foundation to qualify for legal personality as the principal of rights and duties, which bring about a question: Which country's laws and regulations should determine the qualification of corporation? This is a question about determination of personal law for corporation. Traditionally, there have been a variety of jurisprudential hypotheses posed in terms of determination of personal law for international corporation, but this study discussed and examined major hypotheses such as stratification hypothesis, individualization hypothesis and categorization hypothesis (discussed mainly in regard to German jurisprudential hypotheses) as well as incorporation governing law hypothesis and district law hypothesis. In addition, this study adopts incorporation governing law hypothesis as the principle about personal law of international corporations, and analyzes the current regulations of private international law, a law for which district law hypothesis is permitted exceptionally in Korea. And this study makes further examinations into possible scope of personal law for international corporations. Moreover, this study addresses the question of renvoi theory in its application - as a part of several questions concerning international corporations - in regard to determination of personal law for corporations in the aspect of private international law. And it also examines how to determine the governing law of legal relations concerning corporation or foundation without any legal personality - from the perspective of private international law. Next, this study considers a question about determination of governing law regarding the disapproval of legal personality, so that any independent legal personality of subsidiary company concerning certain matter is denied and the responsibility for the matter is attributed to the parent company against the backgrounds. And this study discusses a question of international corporations under conflict of laws as well as a question of those corporations under foreign personality law, so that it takes actual approaches to questions such as authorization/permission or supervisory regulations over foreign corporations and their enjoyment of rights. Furthermore, this study examines a question about how to apply private international laws to international combining companies in regulatory aspect with regard to booming international combining companies (e.g. concern relationships and multinational enterprise expansion) owing to a contemporary trend of business combination across the borders. Summing up, this study takes a viewpoint of private international law to make a multilateral and comprehensive investigation into international corporations. Hence, it is expected that the findings hereof will be useful to explore more formulated and rational ways to resolve any complicated matters concerning international corporations in the future.