동남아체제전환국의 기업법상 회사지배구조에 관한 연구 -주주총회를 중심으로-

In the late 1980s, Vietnam, Laos and Cambodia abandoned their centrally-planned, socialist models and began the transition to more open and market-oriented capitalist economies. This paper introduces the Corporate Governance of the Enterprise Law comparing with the Korean law. The proportion of share ownership which is required to decide the right of the minority shareholders is still a little bit high in terms of protecting investors. So like Korea’s example, the requirement of being the minority shareholders should be simple and it should be easier for the minority shareholders to assert their rights, in order to protect the minority shareholders and enhance the surveillance against business management. However, actually the Enterprise Law of only some transition countries in the Southeast Asia stipulates these regulations. And even if they are stipulated in the Enterprise Law, the legal effectiveness of these regulations can’t be assured. Those countries among transition countries in the Southeast Asia have continuously legislated and revised Enterprise Law toward a progressive direction. But it is still uncertain to make sure the effectiveness of Enterprise Law because of each country’s political and social issues. In fact, there are not much of lawsuits or precedents which are based on their enterprise Law. Therefore, the most important task for Enterprise Law of transition countries in the Southeast Asia is to increase the effectiveness of Enterprise Law and help transition countries in the Southeast Asia establish and manage forms. As I mention earlier, regulations of Korea Enterprise Law could be good examples to modify Enterprise Law of transition countries in the Southeast Asia.