日本法上 理事의 監視義務 - 法改正과 判例의 推移를 中心으로 -

The Companies Act requires that the directors of a Japanese company oversee the activities of the other directors, and, for companies that have adopted a board of directors with a committees corporate governance scheme, directors also have a duty to monitor the activities of the executive officers. A subset of the director's duty of care includes the director's duty to monitor a corporation's information and reporting system. In the case of Japan, there is no regulation on the director's duty to monitor, but, Japanese doctrine and case law has recognized the director's duty to monitor. Japanese Commercial Code, until the Japanese Companies Act enacted in 2005, was enacted in 1899, several revisions have been made. In particular, revised in 1950, Anglo-American Companies Law was introduced. The main contents of the Commercial Code as amended in 1950, was the introduction of the authorized capital system, the Board of Directors of the law institutionalization and empowerment, strengthening shareholder rights. The director's duty to monitor of the Commercial Law and Companies Act Changes in the content and the trend of precedents boundary with the revision of the 1950 Commercial Code, as amended in 1950, before and after, as amended in 1974, revised in 2002, divided into four periods, to investigate. Boundary with the revision of the 1950 Commercial Code, as amended in 1950, before and after, as amended in 1974, revised in 2002, greatly divided into four periods were studied.