사회적 이익을 추구하는 영리회사의 도입 방안에 대한 고찰 -미국법상 사회적 영리회사를 중심으로-

A traditional business corporation is a corporation that aims to maximize the profit of the company and shareholder’s interests. However, The United States was recognized at the beginning of the 20th century that it was necessary to consider the interests of its stakeholders. Such awareness of above considering the interest of stakeholders has become more concerned with the appearance of corporate social responsibility. A new type of company recognized in this context is, so to speak, benefit corporation. In this article, I will examines the definition and origins of the new form of benefit corporation, which is one of the new forms of the United States, and the enactment and the revision contents of related laws. In addition, as discussed result, I will also examine whether it is necessary to introduce such type of corporation. If Corporations of such type are accepted into the corporation law of our country, that corporations will consider the interests of stakeholders as well as shareholders in accordance with the general and specific public interest. Furthermore, such consideration will be profitable at the corporation level as the level of the long terms and I think it will leave a good image for the mass of people. But considering these social benefits and stakeholders’ interest, there is a limit to solving problems such as duties and responsibilities of directors in the current law. Therefore, when introducing a benefit corporation, it is also necessary to stipulate the law regulations on the duties as benefit directors. conclusionally, I think that benefit corporation be introduced in our commercial law actively.