동일인 지정제도에 대한 재검토: 몇 가지 쟁점을 중심으로

In Korea, under the Monopoly Regulation and Fair Trade Act (MRFTA), the ʻsame-personʼ (controlling shareholder of a corporate group) designation system is the starting point and the backbone of the regulation of corporate groups. In relation to the ʻsame-personʼ designation system, this article examines seven crucial issues, which have been less discussed and analyzed in the scholarship. (1) Regarding the issue of the ʻsame-personʼ as a company, the articleʼs analysis is conducted on the controlling shareholdersʼ incentives of avoiding the designation of the ʻsame personʼ. This issue is further explained about the cases of foreign businesspeople who control corporate groups in Korea. (2) Also, this article explains the meaning and problems of the same personʼs ʻcombined ownership ratioʼ stipulated in the enforcement decree. In addition, (3) with respect to a special problem of applying the same-person designation systemʼs ʻquantitative criteriaʼ (when the same person does not own any shares but the combined ownership ratio is not less than 30%), this article proposes a solution based on the same-person designation systemʼs qualitative criteria. (4) Concerning the 2022 revised enforcement decree, this article also discusses the scope of persons related to the same person. (5) Moreover, this article explores the meaning and effects of the ʻlargest shareholderʼ requirement in the quantitative criteria of the same-person designation system. (6) Regarding the quantitative criteriaʼs condition of ʻowning 30% of sharesʼ, this article examines the issues of share ownership and voting rights as well as the issue of dual-class equity structures. Finally, (7) this article explores the phenomenon and problems of designating the same person mainly based on the quantitative criteria. Based on the analysis of these seven issues, I hope that the same-person designation system will develop further in a more transparent and sophisticated manner.