최근 일본의 주권 전자화 관련 법적 동향 분석 - 2019년 회사법 개정과 최근의 분쟁사례를 중심으로 한 해석론과 시사점 -

As electronicization or dematerialization of share certificates in the realm of company law is an irreversible trend, a harmonious and reasonable interpretation of relevant laws and practices is needed as a challenge. This paper would like to mention the necessity of protecting any or all shareholders, who are not familiar with the electronic environment or who are in insufficient surrounding conditions such as lack of electronic devices. In terms of shareholder protection, the Japanese corporate law provides shareholders’rights against the company to ask for issuing documents related to shareholders’ meeting in writing, even though the company would take electronic measure, such as providing internet website address accessible to shareholders, permitted under the law, and the law also mandates the company’s duty to provide such documents in writing subject to sharehoders’request. This point seems to be a factor to consider in implementing substantial equality among all shareholders including senior people having a disability with ditigal technologies, in revising the Korea Corporate Law in the future. Furthermore, this paper, in conjunction with the issues presented in the recent cases in Japan, insists that the owner's certificate or notification of ownership under the Electronic Registration Act should be considered as an additional requirement for a multiple derivative lawsuit introduced by the recent amendment to the Korean Corporate Law on 29 December 2020, in light of the Korean Supreme Court’s Decision in 2017.