지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
On incorporate, organs of corporation(for example, shareholders" meeting, directors, board of directors, auditor or audit committee) and financial management etc., the fundamental law is the Commercial Act. There are many special treatment provisions(for instance, stock options, appraisal rights of stockholders, appointment and dismissal of auditor, qualifications for auditor, exercise of minority stockholder"s right, stockholder"s proposal and special cases for cumulative vote etc.,), however, for listed corporation in the Commercial Act amended 2009 and 2011.
The Article 542-2 of the Commercial Act provides that this Section shall apply to stock companies(hereinafter referred to as the "listed companies") which have issued certificates of stock listed in a securities market(referring to a market for purchase and sale of securities) as prescribed by Presidential Decree: Provided, that stock companies determined by Presidential Decree as organizations established for the undertakings for collective investment(referring to acquisition, disposition or management by other means of money or other property having property values collected by recommending two or more persons to make investment decisions, and distribution and reversion of results thereof to investors) shall be excluded(§542-2(1)), and this Section shall be applicable in preference to other sections of this chapter(§542-2(2)).
The Article 542-2 of the Commercial Act, however, has many legal problems in the scope of application of special cases for listed corporations. In this paper, thus, I have investigated the reorganization method of the special cases for listed corporations under the Commercial Act comparing with the Capital Market and Financial Investment Business Act, and analyzed the legal problems of the special cases for listed corporations on the corporate governance and exercise of stockholder"s right. Finally, I have proposed the reform measures for settlement of such problems of the special cases for listed corporations under the Commercial Act.
The Article 542-2 of the Commercial Act provides that this Section shall apply to stock companies(hereinafter referred to as the "listed companies") which have issued certificates of stock listed in a securities market(referring to a market for purchase and sale of securities) as prescribed by Presidential Decree: Provided, that stock companies determined by Presidential Decree as organizations established for the undertakings for collective investment(referring to acquisition, disposition or management by other means of money or other property having property values collected by recommending two or more persons to make investment decisions, and distribution and reversion of results thereof to investors) shall be excluded(§542-2(1)), and this Section shall be applicable in preference to other sections of this chapter(§542-2(2)).
The Article 542-2 of the Commercial Act, however, has many legal problems in the scope of application of special cases for listed corporations. In this paper, thus, I have investigated the reorganization method of the special cases for listed corporations under the Commercial Act comparing with the Capital Market and Financial Investment Business Act, and analyzed the legal problems of the special cases for listed corporations on the corporate governance and exercise of stockholder"s right. Finally, I have proposed the reform measures for settlement of such problems of the special cases for listed corporations under the Commercial Act.
#개정상법
#2008년 상법개정안
#기업지배구조
#상장법인 특례규정
#소수주주권
#자본시장법
#주주총회소집청구권
#집중투표제
#집행임원
#특례규정의 적용범위
#The Commercial Act amended 2009 and 2011
#Government Amendment Drafts of the Commercial Act in 2008
#Corporate Governance
#Special Cases for Listed Corporations
#Minority Shareholder's Right
#The Capital Market and Financial Investment Business Act
#Demand for Convocation by Minority Shareholders
#Concentrated Vote
#Executive Officer
#Scope of Application of Special Cases for Listed Corporations
목차
I. 서설
II. 상장법인 특례규정의 적용범위와 그 한계
III. 상장법인 특례규정의 해석적용과 그 한계
IV. 결론
참고문헌
Abstract
참고문헌 (54)
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UCI(KEPA) : I410-ECN-0101-2013-360-001499156