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학술논문외법논집2012.05 발행KCI 피인용 2

결합기업하에서의 대표소송의 계속 여부에 대한 연구

A Study on the Continuance of Derivative Action under the Combined Corporation

고재종(선문대학교)

36권 2호, 156~176쪽

초록

I think that our country is not interested in the law problem of the combined corporation. But by the 2011 statistical data, the investigation numbers of the corporation combination in our country are about 543 cases and the sum total come up to 140.2trillion. Also, though there are not in the corporate law, the types of the combination corporation are 4 types in the monopoly regulations and fair trade law such as establishment of joint venture corporation, merger & acquisition, additional office and business transfer. That ration of the each type is establishment of joint venture corporation 20.6%, merger & acquisition 19.7%, additional office 12,5%, business transfer 8.8%. Notwithstanding the these cases of the combnation corporation are many, we don’t discussed on the solution methods in the corporation law. Only, in the monopoly regulations and fair trade law, there are several discussion on the legal regulation. But these solution methods can not solve the related problems in the corporation law of the combination corporation. Especially, I will examine about the related problem of the derivative suit. As the totla system, first, I will inspect on the general contents of the combination corporation. Next,by the formation order of the combination corporation, I will think about the related case and solving methods. In conclusion, I will reach on the following solving method. First, I think about the studying on the change of interpretation method in the existing corporation law that consider the combination corporation problem. Second, as the certain method, we need to regulate the related law clauses that related the combined corporation, namely the parent-subsidiary corporation relation. if we are choose the latter method,I think that is ideal method.

Abstract

I think that our country is not interested in the law problem of the combined corporation. But by the 2011 statistical data, the investigation numbers of the corporation combination in our country are about 543 cases and the sum total come up to 140.2trillion. Also, though there are not in the corporate law, the types of the combination corporation are 4 types in the monopoly regulations and fair trade law such as establishment of joint venture corporation, merger & acquisition, additional office and business transfer. That ration of the each type is establishment of joint venture corporation 20.6%, merger & acquisition 19.7%, additional office 12,5%, business transfer 8.8%. Notwithstanding the these cases of the combnation corporation are many, we don’t discussed on the solution methods in the corporation law. Only, in the monopoly regulations and fair trade law, there are several discussion on the legal regulation. But these solution methods can not solve the related problems in the corporation law of the combination corporation. Especially, I will examine about the related problem of the derivative suit. As the totla system, first, I will inspect on the general contents of the combination corporation. Next,by the formation order of the combination corporation, I will think about the related case and solving methods. In conclusion, I will reach on the following solving method. First, I think about the studying on the change of interpretation method in the existing corporation law that consider the combination corporation problem. Second, as the certain method, we need to regulate the related law clauses that related the combined corporation, namely the parent-subsidiary corporation relation. if we are choose the latter method,I think that is ideal method.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17257/hufslr.2012.36.2.156
분류:
법학

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결합기업하에서의 대표소송의 계속 여부에 대한 연구 | 외법논집 2012 | AskLaw | 애스크로 AI