미국과 영국의 종류주식제도와 우리나라 상법에의 시사점 및 개선방안

「Commercial Law」 of Korea restricts the types and contents of class shares that a company may issue. In other words, 「Commercial Law」 distinguishes Article 344 is the general regulations and Articles 344-2 through 351 is individual regulations and allows only issuance of class shares for dividend of profit, distribution of the remaining assets, exclusion or limitation of the voting rights, redemption of shares, conversion of shares. But United States and the United Kingdom are planning to facilitation of financing and stability of management by acknowledging the broad discretion of company for issuance of class shares. Especially United States and the United Kingdom allow issue of class shares such as dual-class shares and shares with disavowal rights, in addition to class shares of Korean 「Commercial Law」. Comparatively Korea also should consider issuance of various class shares through the introduction of the class shares system allowed to issue by United States and the United Kingdom. Therefore unless the purpose or content of the shares issued clearly violated for the purpose of legislation of class shares, it will be reasonable to review positively the introduction and amendment in the current 「commercial law」 of Korea. But It will continue to discuss the need for legislation. Therefore it will be the only way to solve the controversy to achieve a quick legislative solution after reviewing in various ways.