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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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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.2, pp. 133-163
- Keywords
- 사외이사 ; 업무감독 ; 업무집행권 ; 의사결정권 ; Commercial Law ; Outside Officer ; Business Execution Authority ; Decision-Making Authority ; Executive Officer ; Business Supervision
- Abstract
- 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Assembly (repealed automatically by term expiration, 2008).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
future.
I propose application of Executive Officers System in the followings. ①
About the scope of introduction on Executive Officers, korean Commercial Law...
- ISSN
- 1598-222X
- Language
- Korean
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