주주총회상 전자투표제도에 관한 법적 검토

Even though the shareholders’ meeting is very important organization of corporation, in modern corporation it becomes insignificant because there are too many shareholders to assemble and make a decision. Since late nineties many countries have begun to introduce information and communication technologies into regulations of the shareholders’ meeting as a means to improve corporation governance. The electronization of the shareholders’ meeting can provide efficiency and economic benefits such as acceleration of the company’s decision-making process and reductions in costs. Korea also participate in this trend. 2001 revised Korean Commercial Code adopted electronic notice. And 2009 revised Korean Commercial Code introduced electronic public notice, electronic list of shareholders and electronic voting system in the shareholders’ meeting. Electronic voting systems may offer advantages compared to old paper-base voting systems. Electronic voting system makes easy to assemble shareholders’ meeting and easy to make their decision for shareholders. In other side, it have always raised doubt about the system safety and data security in electronic voting systems. In this paper, I examine the electronic voting system of electronic shareholders’ meeting on 2009 revised Korean Commercial Code and I express my opinions on some legal issues.