다중대표소송의 재검토- 일본법을 소재로 -

Multiple derivative suit is the case that a stockholder of a parent company raises a derivative suit dealing with a director of a subsidiary company. It can't be denied that filing a suit of such form is also admitted by the contents the degree of the combination of a parent company and a subsidiary company. And then it's the core argued as an important matter of multiple derivative suit what kind of relation a parent company and a subsidiary company are. Multiple derivative suit was admitted for the first time in the United States, and Japan where this was accepted was admitted as a first statute. Japanese Law imposed a specific important matter on accepted multiple derivative suit and blocked an entrance strictly. When passing an entrance once, it's the same procedure as usual derivative suit after that. It's to stop suit abuse that an entrance was blocked. Japanese multiple derivative suit possesses the purpose of two which disagree of protecting the stockholder's profit of the parent company and also preventing suit abuse. Introduction of multiple derivative suit is insisted on recently in Korea. It's very difficult to enact that into statute. Japanese law possesses a complicated regulation for an adjustment of interest which disagrees. It's a question whether it's necessary to make a difficult regulation with complication this. And it has been just still carried out, but they're skeptical about whether such one is used well. After all derivative suit is often used in Japan. There is also a difference in Japan and Korea the reality of the holding company. It's certain that multiple derivative suit has an influence on corporate governance, but I think it isn't appropriate to make that Japan introduced for the moment a Korean model. A practical study about the reason that multiple derivative suit should be introduced should precede in Korea.