지속가능발전 이념의 회사법적 함의

This article aims at exploring the devices for embodying the ideal of sustainable development into corporate law. Reviewing the corporate objects and the role of directors board in the context of sustainable development, this article provides the two guidelines, corporate interest and sustainable development, as the devices which are designed to play a role of polestar in the course of directors board's decision-making, and reviews the UK Companies Act 2006 adopting the enlightened shareholder value approach to get the desirable hints practically. This article emphasizes currently that the Act has the important implications in promoting the ideal of sustainable development normally, even though it has some flaws in that the non-shareholders have no remedies in the Act in case of the board's failing to consider their interests and the shareholders also have difficulties in challenging the directors owing to the director's increasing discretion. Finally this article concludes that the pending task for embodying the ideal into corporate law is to furnish the institutional mechanisms for representing and reflecting a variety of stakeholders’ interests in the level of a directors board.