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기업금융과 법률 : Corporate Finance from a Legal Perspective
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.4, pp. 518-573
- Keywords
- 기업금융 ; 내부통제 ; 리스크 관리 ; 상법개정안 ; Corporate Finance ; Internal Control ; Risk Management ; Commercial Code ; Corporate Governance
- Abstract
- This Article surveys the law and finance literature recently produced by
scholars in the United States, United Kingdom, Germany, and Korea. This literature
was initiated by La Porta, Lopez-de-Silanes, Shleifer and Vishny (LLS&V)
that examined the role of law in promoting the development of capital markets
and found the importance of strong investor protections in financial development.
Drawing from this literature, the Article critically assesses the current laws and
regulations of Korea, including the Draft New Korean Commercial Code, relating
to the corporate governance and finance. Throughout the Article, special attention
has been given to the functional relationship between corporate governance
and finance. Comparing the Korean corporate finance system with that of the
United States and Germany, it tries to show that the Korean system converges
into the one shaped by the global standards. The Article also emphasizes the
importance of the internal control for corporate finance and suggests a further
revision of the Korean Commercial Code and/or creation of the appropriate
codex to improve the internal control of listed companies in Korea.
- ISSN
- 1598-222X
- Language
- Korean
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