증권발행공시규제상의 청약의 권유개념에 관한 연구

Purpose : This study is a summary and analysis of the basic concepts and regulatory grounds of the issuing disclosure regulation as part of the work that promotes the principle of self-responsibility and investor protection. Research design, data, methodology : After analyzing the laws and theories on the regulation of offering and sales of securities before accepting securities registration statement, which is the most important part of the issuance disclosure regulation, some tasks were organized and reviewed for the proper exercise of market brokerage functions based on major overseas cases such as the United States. This is also important in establishing the legislative direction of the issuance disclosure regulation in relation to the policy task of promoting investment in start-up companies. Results : As long as administrative and criminal sanctions can be applied for violations of the gun-jumping restrictions of the Capital Markets Act, It is important and necessary to allow flexible interpretation according to the situation in which the problematic behavior is performed in the gun-jumping restrictions. Conclusions : Even if it is not realistic to establish a comprehensive and uniform judgment standard considering all situations under the law, it is possible, necessary, and beneficial to increase the preliminary predictability through more detailed safe harbor rules on the Solicitation applicability in advance