경영판단에 따른 이사의 법적 책임 여부에 대한 판단기준

In Korea, many claims for damages caused by directors' business judgment have been made since late 1990s, and the Korean Supreme Court and lower courts have applied Korean version of the business judgment rule to these cases in order that they judged whether directors breached their duty of care or not. Strictly speaking, the business judgment rule adopted by Korean courts is not the same principle that the business judgment rule is applies in USA, but the rationale underlying the business judgment rule in USA is acceptable in Korea. To encourage directors to perform creative and positive management, it is necessary to permit directors to enjoy a wide range of discretionary power in making business decisions. On the other hand, in order for directors to fulfill the duty of care, it is also necessary to establish a criterion for directors' good performance of the duty of care. It is thought that it is appropriate and reasonable to examine the following requirements in judging whether directors breached their duty of care or not: 1) Being a business judgment, 2) Being informed with respect to the subject of the business judgment, 3) Making business decision in the reasonable belief that it is coincident with the best interest of company, 4) Not having individual interests and conflicts of interests with company in making business decision.