2019년 회사법 주요판례 평석

In 2019, there were some interesting cases to review in the field of the corporation law, which gave a positon on new legal isues, and revealed a clear positon on legal isues already covered by the existing cases. A smal number of cases with signifcance that held the existing positon were also selected and reviewed to kep atention. Among the cases selected based on the above mentioned standards, the case about the meaning of abstention in the minutes of the board of directors and the criteria for alowed donation, the case that the corporation bears only the formal review obligation when requesting a name change in the shareholder register, the case about the requirement of general meting of shareholders for the interim setlement of severance pay for directors, and the case of the constiutive efect of the mediation statement confirming the status of a shareholder are evaluated as fuly aceptable cases based on faithful interpretation with strong arguments. The case which shows that the shareholder's standing for derivative lawsuit wil be disqualifed in the event of an involuntary los of shareholder status due to global share exchange is an inevitable conclusion in the literary interpretation of the curent legal paragraph, but it is desirable to let the shareholder's standing kep in this case by legislation. The case is right to say that it is not a mater of the representative director, but the of the board of directors to aply the commencement of the rehabiltation procedure because of it’s material impact on the corporation. Acording to the last case filng a lawsuit to verify a shareholder status despite the posibilty of a lawsuit to change a name in the shareholder register is not alowed due to the lack of benefit of confirmation. These last mentioned two cases have also convincing conclusions.