회사법상 이사회의 감독기능 강화에 관한 비교법적 검토(한국-일본)
Company Law Board on the supervision of enhancements compared to legal review(Korea and Japan)
하영태(동경대학교)
4권 1호, 153~177쪽
초록
Countries around the world since 1990, in response to the rapid changes in the economic environment, corporate governance for constantly pushing the legislation. Korea is the transparency and efficiency of corporate management and the economy as part of the democratic debate on corporate governance debate in the academic and actively being silmugye. Park Geun-hye in July 2013 as part of the government 's economic policy, corporate governance, democratization of the real system in order to improve corporate governance mandates established in the direction of the legislative amendments to the Commercial Code was subject. The purpose of the amendment of directors and audit committee appointed to improve the process, we maintain the function and role of the board, while the executive judicial remedies for misconduct to expand and promote the activation of the general meeting of shareholders by transparent and sound management and corporate culture to build a legal basis for deriving said. Meanwhile, Japan is desirable corporate governance review and hat on the premise that the maintenance of the company under the laws of our country's major corporate law reforms ahead began. September 2012 the Council of the General Assembly in legislative deliberation result "Statement on the review of the company not legal" and "bag determination" became final adoption of the Guidelines, the Guidelines on the proposed amendments to the Companies Act November 29, 2013 submitted to the National Assembly for was. Global age, geographical proximity to Japan and South Korea are the two countries with similar corporate culture through amendments to the Commercial Code and the Companies Act on corporate governance issues and the information appears to be substantially similar. Thus, with respect to the reorganization of corporate governance compared between the two countries is significant in discussing the implications for the country look big.
Abstract
Countries around the world since 1990, in response to the rapid changes in the economic environment, corporate governance for constantly pushing the legislation. Korea is the transparency and efficiency of corporate management and the economy as part of the democratic debate on corporate governance debate in the academic and actively being silmugye. Park Geun-hye in July 2013 as part of the government 's economic policy, corporate governance, democratization of the real system in order to improve corporate governance mandates established in the direction of the legislative amendments to the Commercial Code was subject. The purpose of the amendment of directors and audit committee appointed to improve the process, we maintain the function and role of the board, while the executive judicial remedies for misconduct to expand and promote the activation of the general meeting of shareholders by transparent and sound management and corporate culture to build a legal basis for deriving said. Meanwhile, Japan is desirable corporate governance review and hat on the premise that the maintenance of the company under the laws of our country's major corporate law reforms ahead began. September 2012 the Council of the General Assembly in legislative deliberation result "Statement on the review of the company not legal" and "bag determination" became final adoption of the Guidelines, the Guidelines on the proposed amendments to the Companies Act November 29, 2013 submitted to the National Assembly for was. Global age, geographical proximity to Japan and South Korea are the two countries with similar corporate culture through amendments to the Commercial Code and the Companies Act on corporate governance issues and the information appears to be substantially similar. Thus, with respect to the reorganization of corporate governance compared between the two countries is significant in discussing the implications for the country look big.
- 발행기관:
- 법학연구소
- 분류:
- 법학일반