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학술논문비교형사법연구2013.12 발행

기업 합병·인수 과정에서 발생하는 범죄에 대한 수사

Investigation in occurrence crime during Cooperation Merger and Acquisition

장기석(법무부); 김범식(서남대학교)

15권 2호, 729~752쪽

초록

Mergers and acquisitions (abbreviated M&A) are both an aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or new location, without creating a subsidiary, other child entity or using a joint venture. Terms of M&A in Republic of Korea law are Restriction on Combination of Enterprises in ‘Monopoly regulations and fair trade law’ or Written Agreement of Merger, Written Agreement of Consolidation and Division and Merger through Division of Company in Commercial Act. M&A cause positive effects on the corporate development, increase the corporate´s competitiveness, expand into new fields and more. However, M&A also cause negative effects, such as deepen monopoly structure and expend speculation tendency. This study explored the concept and form of the M&A in Republic of Korea society and the occurrent crime during the M&A. This study suggest improvement plan on Investigation based on these crimes caused by the M&A.

Abstract

Mergers and acquisitions (abbreviated M&A) are both an aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or new location, without creating a subsidiary, other child entity or using a joint venture. Terms of M&A in Republic of Korea law are Restriction on Combination of Enterprises in ‘Monopoly regulations and fair trade law’ or Written Agreement of Merger, Written Agreement of Consolidation and Division and Merger through Division of Company in Commercial Act. M&A cause positive effects on the corporate development, increase the corporate´s competitiveness, expand into new fields and more. However, M&A also cause negative effects, such as deepen monopoly structure and expend speculation tendency. This study explored the concept and form of the M&A in Republic of Korea society and the occurrent crime during the M&A. This study suggest improvement plan on Investigation based on these crimes caused by the M&A.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2013.15.2.030
분류:
법학

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기업 합병·인수 과정에서 발생하는 범죄에 대한 수사 | 비교형사법연구 2013 | AskLaw | 애스크로 AI