기업의 사회적 책임에 관한 미국 판례 분석: 한국에 대한 정책적 시사점

The demand for corporate social responsibility (CSR) is increasing in Korea as the economy becomes increasingly polarized. The Korean economy experienced rapid government-driven growth and did not have enough time to embed shareholder primacy or stakeholder approach in the corporate culture. Corporations’ social roles are confused in Korea. At a crossroads of whether the Korean economy develops into an advanced one, it should balance shareholder primacy and stakeholder protection in CSR-related issues. This article was written to help create a legal infrastructure where CSR activities increase both profitability and social value thereby meeting corporate directors’ fiduciary duties and social demands for CSR. The case studies on CSR in the U.S. show that corporate directors have discretion in CSR decisions under the business judgment rule. However, the studies, suggest that CSR decisions should not sacrifice a corporation’s long-term interests and sustainability. This article argues that the legal policy and interpretation regarding CSR should focus on long-term profitability and sustainability. The argument is suitable for the current business environment where CSR is incorporated into innovative management strategies such as Creating Shared Value (CSV).