이사의 회사에 대한 책임 - 각국의 경영판단원칙 적용여부의 동향을 중심으로 -

The director in charge of the management of the company is in a position where active efforts are required to create the greatest profits in the business world, which is rapidly changing every moment, in the situation that it is necessary to compete with all companies in the world, as well as competition with other companies in a domestic. In addition, even if a business judgment that can gain a lot of profits at some point, it is often a case that it is completely valueless business judgment after a short period of time or a business judgment that leads to loss. Moreover, the business judgment of directors in such an environment is required to be swift. In order for the business judgment rule to be settled in Korea, it is desirable to set the examination density low in the post-judgment of the business judgment that will be responsible for the company of the director. The rules used in the judgment of whether to impose legal liability on the manager above that are considered reasonable to finally analyze and review the case of the United States and to match it. Because in the United States, the possibility of responsibility for directors is very low, while in Korea, the situation where responsibility is often imposed is often caused by the fact that global competition is rapidly advancing, it will be a disadvantage to the enterprise because it will miss the opportunity to demonstrate entrepreneurial entrepreneurship, and furthermore, it will hinder the growth of our economy as a whole.