상업등기를 둘러싼 사법부의 독특한 입장 -경제적 분석의 일례-

In Korea, the Judiciary is in charge of the commercial registration. Since other than the Judiciary could not be engaged in this kind of business, the Judiciary has a monopoly of power over the commercial registration. Thus, the Judiciary is inclined to carry on the business for its best interests through the reduction of costs while elaborately disregarding views and opinions which prevail in the academia. Firstly, according to the Korean Supreme Court’s cases, a registration official has the power to screen perfunctorily the documents submitted by a petitioner. Secondly, the Judiciary requires the plaintiff to prove the defendant’s intent of abusing the corporate veil for disregarding the corporate entity. Thirdly, the Korean Supreme Court’s cases have made the law that article 34 of the Civil Code is analogically applied to commercial corporations. Fourthly, the Korean Supreme Court rules that the disguised paid-in for share is valid because the registration official is not obligated to investigate the inward strategy of the petitioner. To sum up, the Judiciary tends to protect its officials and make the commercial registration attractive.