2017년 상사법학계와 상사판례의 동향

The eventful year 2017 passes. In 2017, various new issues have been raised in the Korean Commercial Code – Studying Academies and a new precedent (i.e. Case No. 2015 Da 248342 rendered on March 23, 2017 before the Korean Supreme Court), which changed dramatically the existing theories (the majority theories) and the previous precedents in the area of company laws, has appeared. First, if a shadow voting system, which was suspended by the end of 2017 is abolished, it is extremely threatened that listing companies may not make a resolution on agendas due to non-satisfaction of the least quorum at a shareholders’ general meeting. In addition, as to exercise of a voting right by an institutional investor, introduction of the stewardship code has been discussed in earnest and controversy was heated over the introduction of a worker directory system of a public institution. Further, with the hot discussion about the poison pill and multiple voting rights related to protection of a management right, the proposed amendments to the Korean Commercial Code associated with the introduction of multiple derivative suit system and obligation of an electronic voting system have been proposed. In this thesis, I have in turn reviewed a voting system in accordance with abolishment of the shadow voting system, introduction of the stewardship code, a worker director system of a public organization, a poison pill, multiple voting rights and a multiple derivative suit system, and obligation of an electronic voting system among key issued raised in the Korean Commercial Code – Studying Academies and, also introduced and interpreted main commercial precedents.