電子證券 保有의 法的 構造에 관한 考察

• 영문명: The Legal Position of Investor Over the Electronic Securities
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김이수(I-Su Kim)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 455~483쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

This article has been written with two purposes in mind: to define the legal standing of investor on the electronic securities, and to clarify the interests in the right of investor. My conclusion could be summarized as follows. First, look-through approach is most likely to be adopted in Korean indirect securities holding system, not because it is best recommendable, but because it is best familiar to Korean legal system. As such, an investor governs directly the electronic securities through intermediaries. The investor is the owner of electronic securities. Secondly, investors co-own electronic securities issued by a certain securities issuer. If the aggregate amount of recorded securities in the books of the intermediaries should exceed that of electronic securities actually issued, issuer would not be charged additional obligation. Instead, investors assume the loss arising from the failure to keep record correctly. Consequently, the volume of investor's right is reduced pro rata. If intermediaries responsible for the failure make up for the shortage of electronic securities, the rights of investors are restored.

목차

Ⅰ. 序論

Ⅱ. 現行 無券化法制의 檢討

Ⅲ. 電子證券 保有法理의 摸索

Ⅳ. 結論

[참고문헌]

【ABSTRACT】