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학술논문기업법연구2013.03 발행KCI 피인용 1

한·중·일 회사의 청산절차 비교연구

A Comparative Study on the Liquidation System between Korea, Japan and China

양동석(조선대학교); 박승남(조선이공대학교)

27권 1호, 117~151쪽

초록

In this study, the liquidation system was compared between Korea, Japan and China. Liquidation system is to wind up and to end the activities of company. In the procedure of liquidation, how to protect the creditors and shareholders is the most important subject. So that, Korea, Japan and China established liquidation system in company law. Liquidation systems in company law of the 3 nations are almost same. Only there are little difference subject. Because Korea, Japan and China has a different development in business corporation system, and different culture of company management. But the fundamental rules of liquidation, for example, the protection of creditors and shareholders, securities the best way to sell the properties of company, supervision of courts are the very same. As a policies of lawmaking, we considered Japanese special liquidation. The system is very useful in the situation that liquidation company is under Irrepairable Financial Problem. The foreign direct investments to each other nations are increasing in recent. accordingly, the chance of liquidation is expected to occur often. This study will be contributed to solve the problems and to understand other nations business corporation.

Abstract

In this study, the liquidation system was compared between Korea, Japan and China. Liquidation system is to wind up and to end the activities of company. In the procedure of liquidation, how to protect the creditors and shareholders is the most important subject. So that, Korea, Japan and China established liquidation system in company law. Liquidation systems in company law of the 3 nations are almost same. Only there are little difference subject. Because Korea, Japan and China has a different development in business corporation system, and different culture of company management. But the fundamental rules of liquidation, for example, the protection of creditors and shareholders, securities the best way to sell the properties of company, supervision of courts are the very same. As a policies of lawmaking, we considered Japanese special liquidation. The system is very useful in the situation that liquidation company is under Irrepairable Financial Problem. The foreign direct investments to each other nations are increasing in recent. accordingly, the chance of liquidation is expected to occur often. This study will be contributed to solve the problems and to understand other nations business corporation.

발행기관:
한국기업법학회
분류:
법학

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