한국(韓國)에 있어서 집행임원제도(執行任員制度)의 현황(現況)과 향후(向後)의 운용방향(運用方向) : An Executive Officer System and Legal Problems in Korea

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서울대학교 법학연구소
법학, Vol.49 No.2, pp. 133-163
사외이사업무감독업무집행권의사결정권Commercial LawOutside OfficerBusiness Execution AuthorityDecision-Making AuthorityExecutive OfficerBusiness Supervision
Recently, the revised Commercial Law plan has been introduced in National

Assembly (repealed automatically by term expiration, 2008). The korean law

would have introduced Executive Officer System related to corporate governance.

In a word, the purpose of this action is to enforce Board of Directors System

(in particular, the Roles of Outside Directors and Audit Committee) in

Corporation. These measures were introduced on securities law and commercial

law in Korea (1999∼2002). However, the effect in korean corporation resulted in

inappropriate parts.

The Outside Director (Korean Securities and Exchange Law §191.16)

introduced to improve corporate management is compulsory and restricted about

the numbers. In this reason, each corporation scaled down the number and

registered Directors did less and less in Board of Directors. So the business

execution of Corporation has been charged of Executive Officers on the basis of

the articles or regulation in corporation.

The corporations have made use of Non-registered Executive Officers System

not well-known in korean commercial law, many questions in corporation were

exposed in forms of legal status, authority and liability etc. Therefore, we in

Korea must introduce Executive Officers System, enforcing the Outside Officers

independence & profession, and also supervision to board of directors in the


I propose application of Executive Officers System in the followings. ①

About the scope of introduction on Executive Officers, korean Commercial Law...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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