기업에 대한 규제수단으로서 연성규범(Soft Law)의 활용가능성 및 한계 -‘기업지배구조 모범규준’에 대한 검토를 중심으로-

The paradigm shift of the corporate regulation were the introduction of soft law. The term “soft law” refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat “weaker” than the binding force of traditional law, often contrasted with soft law by being referred to as hard law. Traditionally, the term soft law is associated with international law, although more recently it has been transferred to other branches of domestic law as well. There is an important example of soft law, that is to say the ‘Corporate Governance Code(CG Code). OECD CG Code is an international standard giving guidance on Corporate Governance. Sustainable business for organizations means not only providing products and services that satisfy the customer, and doing so without jeopardizing the environment, but also operating in a socially responsible manner. The guidance in CG Code draws on best practice developed by impoving corporate goverance. However, there is a principle that must be followed because software is actually a law. The CG Code does not comply with these principles. There is a problem with the software that is created without following the basic principles and methods of law enactment. The CG Code must comply with the basic principles of law enforcement. In this paper, we review the limitations and the possibility of Soft Law as a Regulatory Tool for Corporation.