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사법학 연구의 첨단 : 회사지배구조에서 법규제(Legal Rule)와 소프트 로(Soft Law)의 역할 및 관계
Legal Rules and Soft Law in Corporate Governance

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Authors
윤영신
Issue Date
2007
Publisher
서울대학교 법학연구소
Citation
법학, Vol.48 No1 pp.85-104
Keywords
회사지배구조소프트 로통합준칙Legal rulessoft Lawprivate-orderingthe combined codecomply or explain
Abstract
The corporate governance models of US and UK have influenced many
countries around the world. After the Enron scandal in the US, merit regulation
on corporate governance by mandatory legal rules was enhanced by enacting
Sabanes-Oxley Act. On the other hand, UK kept on the soft law approach on
corporate governance suggested first by the Cadbury Committee. In the UK,
listed companies are required by the Listing Rules to disclose whether they
comply with the Code or explain the reason in case of the deviation from the
Code. This ‘comply or explain’ approach has been followed by many countries,
including Germany.
In this article, the merits and weaknesses of these two comparable approaches
on corporate governance regulation are analyzed to provide some implications in
designing the regulations on corporate governance of Korean companies.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10099
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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