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학술논문한양법학2020.08 발행KCI 피인용 4

온라인 및 디지털 기술을 이용한 주주총회 활성화 방안 연구

Considerations for the Entire adoption of Shareholder Meetings for Crisis-Related legislation and Online Digital Technologies

박은영(동아대학교)

31권 3호, 199~230쪽

초록

In the Korean investment market, minority shareholders are often not properly provided the right to access crucial information with respect to the corporation in which they hold an interest. This is because it is difficult for investors to participate in the annual shareholder meeting as an important place to exercise their rights. Intensive shareholder meetings at a certain period and time make strenuous conditions for the shareholders to participate. This leads principal stakeholders naturally to a perfunctory operation of shareholder meetings. The abolition of the shadow voting system is expected to compensate for some of above problems, but it has a negative effect on the revitalization of the shareholder meetings. The electronic voting and electronic delegate voting systems, which were expected to the revitalization of the shareholder meetings, have not been properly settled in the market. It is also seen as a cause of a unique investment practice that does not actively exercise voting rights at the shareholder meetings. The desperate need for a tangible form of shareholder meetings makes worse in this circumstances. In response to the coronavirus outbreak(COVID-19), virtual-only meetings are increasing in society as a whole. Not only does use online education, but also telecommuting workforce is increasing. The shareholder meetings will not escape this atmosphere. By accepting this trend, it is necessary to establish a legal system to achieve the purpose of the shareholder meetings by securing the quorum of the shareholder meetings and drawing active participation from the shareholders. Above all, it is necessary to establish various environments to activate the existing the electronic voting and electronic delegate voting systems. The adoption of a legal system that must ensure that the system is implemented in companies above a certain size. In addition, it is necessary to build a system that can be easily used. There should be no difficulty in using for foreign investors. This is the simplification of the ID-Certification system. The government should also support the data solutions providers that support virtual shareholders meetings at low cost. Ultimately, the introduction of an entire virtual shareholder meeting should allow shareholders to exercise their voting rights in any unforeseen circumstances.

Abstract

In the Korean investment market, minority shareholders are often not properly provided the right to access crucial information with respect to the corporation in which they hold an interest. This is because it is difficult for investors to participate in the annual shareholder meeting as an important place to exercise their rights. Intensive shareholder meetings at a certain period and time make strenuous conditions for the shareholders to participate. This leads principal stakeholders naturally to a perfunctory operation of shareholder meetings. The abolition of the shadow voting system is expected to compensate for some of above problems, but it has a negative effect on the revitalization of the shareholder meetings. The electronic voting and electronic delegate voting systems, which were expected to the revitalization of the shareholder meetings, have not been properly settled in the market. It is also seen as a cause of a unique investment practice that does not actively exercise voting rights at the shareholder meetings. The desperate need for a tangible form of shareholder meetings makes worse in this circumstances. In response to the coronavirus outbreak(COVID-19), virtual-only meetings are increasing in society as a whole. Not only does use online education, but also telecommuting workforce is increasing. The shareholder meetings will not escape this atmosphere. By accepting this trend, it is necessary to establish a legal system to achieve the purpose of the shareholder meetings by securing the quorum of the shareholder meetings and drawing active participation from the shareholders. Above all, it is necessary to establish various environments to activate the existing the electronic voting and electronic delegate voting systems. The adoption of a legal system that must ensure that the system is implemented in companies above a certain size. In addition, it is necessary to build a system that can be easily used. There should be no difficulty in using for foreign investors. This is the simplification of the ID-Certification system. The government should also support the data solutions providers that support virtual shareholders meetings at low cost. Ultimately, the introduction of an entire virtual shareholder meeting should allow shareholders to exercise their voting rights in any unforeseen circumstances.

발행기관:
한양법학회
분류:
법해석학

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온라인 및 디지털 기술을 이용한 주주총회 활성화 방안 연구 | 한양법학 2020 | AskLaw | 애스크로 AI