일본의 상장기업에 대한 규율강화와 기업지배구조의 동향 -회사법개정에 관한 중간시안과 요강을 중심으로-

In the face of the era that doesn't pursue only efficiency and maximum profit but focuses on corporate governance and transparency, creating business environment that supports the sound growth of companies is needed in order to actively respond to changes and challenges. In this respect, the Ministry of Justice spurs the preparation of amendment to commercial law. The major discussion includes the improvement of executive officer system, rationalization of the appointment and dismissal of auditing committee, whether or not making the concentrated vote system a duty, and the introduction of multiple derivative suits. Currently these issues are in the phase of the public hearing and so what opinions will be collected and which direction will be taken for the amendment is not unknown, yet something must be done by the revision in order to survive the global competition through the transparency of corporate governance. However it should not be forgotten that letting companies decide on some part is also critical in that it is in accord with economic democratization. Companies home and abroad now face a lot of difficulties before the global financial crisis, and some of them are practically going bankrupt because of less profit. Therefore it is important task of the commercial law that how it helps businesses fast respond to changes like the financial crisis to strengthen the global competitiveness, and how it fairly distributes the result of growth to the stakeholders including shareholders. It is more important than anything for companies to have a business structure that can promptly respond to changes to survive the global competition. In this respect, Japan's discussion on the revision of business laws would help respond to changes in business environment and develop the soundness of the stock market. This will in turn help revise the commercial law in Korea.