중국과 한국의 주식회사 이사의 의무에 대한 비교연구

In 2005, China amended Company Law 1993 which takes effect from 1 January 2006. The newly revised Company Law brings many changes to the previous Company Law and is aimed to adapted the international standardize and to meet the needs of the socialist market economy. Especially several changes in the area of director's duty are quite significant. For example the director's Duty of Care is be formulated in the first time, and the director's Duty of Loyalty is been formulated in detail in order to balance the self- discipline and duty of directors. But there are still many problems related to the director's duty in Company Law 2006 which are not have been solved. And because of these it may reduce the speed of the improvement of the company and affect the efficiency of the company's operations. So it is necessary to analyze the effective mechanism of director's duty. Compared with the relevant provision in China Company law, Korea Code of Mercantile Law provides much more perfect system which strengthen the director's duty effectively. And it will contribute to promote company's smooth operation effectively. In addition with the expansion the cooperative between China and Korea it is help to seek the solutions to solve the disputes concerning to director's duty by comparison. So this paper is aimed to bring up some suggestions and advices for legislation improvement to the China's newly revised Company Law by comparing and analyzing the legal regulation on the director's duty between Korea and China.