카카오톡 메시지와 주식회사법의 전자문서ㆍ서면과의 관계 - 대법원 2022. 12. 16. 자 2022그734 결정을 포함하여 -

The Supreme Court said, “as long as the alienated person, the representative director of the case, received and confirmed the applicant’s request for convening an extraordinary general meeting of shareholders via kakaotalk message around february 8, 2022, the applicant’s temporary shareholder pursuant to article 366, paragraph 1 of the commercial act. It is reasonable to believe that the request for convocation of the general meeting is legitimate.” Electronic documents are divided into ‘electronic documents written in electronic form’ and ‘digitalized documents written in electronic form’, and kakaotalk message is included in ‘electronic document written in electronic form’. Therefore, a kakaotalk message is an electronic document under article 366, paragraph 1 of the commercial act. We looked at the relationship between kakaotalk message and electronic document under the corporation act, and kakaotalk message is included in electronic document under the corporation act. Therefore, the corporation will be able to perform the corresponding action with kakaotalk message in the part of the electronic document. In many cases, only ‘in writing’ is stated in the corporation act. In the case that kakaotalk message is only described as ‘in writing’ in the corporation act, if kakaotalk message has readability, reproducibility, and preservation, and there is no special provision in the corporation act and electronic form is permitted by nature, kakaotalk messages are written in writing. In the case of electronic document or written document under the corporation act, party has the advantage of being convenient, quick, and efficient if party performs the corresponding act via kakaotalk message, but the other party may suffer mental damage and interfere with the business of the corporation. There may be situations where this happens. As the above concerns are resolved, it is hoped that kakaotalk messages will be used in the corporation act.