공익회사(Public Benefit Corporation)제도의 법제화 방안 검토

In recent years, attractive companies in the United States have been established in the form of Public Benefit Corporation (“PBC”). Companies established in the form of PBC give a positive image that the company has a good social impact in that it considers not only the interests of shareholders as a profit-making corporation but also social purposes. More and more companies appear to be establishing or converting to PBC than in the early days of the PBC system, and since the revision of the Delaware Company Act in 2020, the PBC format has been increasing in companies of a particular size. Listed companies are considering a transition to PBC prior to pre-IPO, and large companies may have subsidiaries in PBC format, and companies voluntarily choose PBC from a capitalist perspective in order to contribute to the growth and profitability of the company. The PBC system is expected to give companies the option to establish a company in the form of PBC to help them set their mission-driven direction and attract investors, and through the pursuit of environmental and social values, it is expected that consumer, employees and the community will enjoy various benefits and create a mutually beneficial culture. Suppose the Korean government gives companies the option to establish PBC and provides a guide to voluntarily regulate the company itself. In that case, it will be possible to help many companies grow with a society based on healthy management purposes without considerable financial burden. The PBC system is considered to be a sound system that can revitalize companies and communities without the substantial financial burden of the government. Concerning PBC in the United States, issues such as the director’s abuse of authority, greenwashing, and poor supervisory functions have been raised, so legislation appropriate to our circumstances should be implemented so that these issues can be adequately supplemented. Nevertheless, companies that wish to be established as PBC should not be excessively regulated, and mutually beneficial legislation should be implemented in which the companies' growth and pursuit of social values can be synergistic.