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미국 법규상 기업 내 위법행위와 기업변호사 윤리 그리고 그 함의 : Business Lawyer`s Professional Responsibility with regard to the Material Violation of Law in the Corporation in the U.S. and its Implications in the Korean Context
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.4, pp. 604-646
- Keywords
- 기업 내 위법행위 ; 사베인스-옥슬리 법 ; ABA 직무행위표준규칙 ; 기업변호사 ; violation of Law by corporate constituents ; business Lawyer(corporate Lawyer) ; confidentiality ; sarbanes-Oxley Act of 2002 ; ABA Model Rules of professional Conduct ; 비밀유지
- Abstract
- In 2007 a lawyer named Kim Yong Chul, Former Chief Legal Officer in
Samsung Group, disclosed a series of alleged violations of laws committed by
the Group authorities and his involvement thereof during his term of office,
which stirred up a heated controversy over the role and ethics of business
lawyers among lawyers and scholars in Korea. This article tries to find out what
is the right way in which business lawyers should behave themselves when they
come to know the material violation of law committed by the constituents of an
organization they represent. By tracing the enactment of the Sarbanes-Oxley Act
of 2002 (SOX) and the Part 205 of Code of Federal Regulation and the
amendment of the American Bar Association (ABA) Model Rules of Professional
Conduct (hereinafter the Rules), this article shows the scope of the issues and
their conclusions, which are expected to give us useful implications in amending
the Korean Bar Association (KBA) Ethics Code of Lawyer (KBA Code)
Right after the collapse of the Enron, the U.S Congress enacted SOX, to
restore integrity to the U.S. capital market by promoting corporate responsibility,
accountability and transparency, section 307 of which is dealing with the rules of
professional responsibility for attorneys, giving a mandate for the Security and
Exchange Committee (SEC) to work out rules to regulate lawyers appearing and
practicing before the SEC. The SECs Standard of Professional Conduct (17
C.F.R. 205) requires the attorney who knows the evidence of material violation
of law to report the evidence to the chief legal officer (mandatory reporting up)...
- ISSN
- 1598-222X
- Language
- Korean
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