공정거래법상 출자총액제한제도와 그 문제점

• 영문명: Ceiling on Total Equity Investment and its Problems
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이형규(Hyeong-Kyu Lee)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 609~644쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

"Ceiling on Total Equity Investment" regulates that any company belonging to a designated enterprise group, whose Total Amount amount of assets is over 6 trillion Won, shall be prohibited from acquiring or owning stocks of another domestic companies in excess of a quart of its net asset. This rule was enacted on December, 1986 under the "Amended Monopoly Regulation and Fair Trade Act" in order to restraint indiscreet expansion of affiliate companies, reinforce core capability, prohibit companies from accumulating fake capital through circular holdings of equity among affiliate companies, prevent simultaneously insolvent situation in the whole affiliate companies and constraint controlling shareholder's gaining of unjust private interest by distorting the shareholding system. Presently, the abolition of Ceiling on Total Equity Investment is desirable because the regulation lacks justification in terms of legal purpose, and many other methods look more practical to obtain its objective. According to legal perspective, Ceiling on Total Equity Investment is very problematic from the viewpoint of equality among companies and excessive regulatory measures. Furthermore, this regulation exists only in Korea. Korean companies might get unduly discriminatory treatment against foreign companies by the regulation.

목차

Ⅰ. 머리말

Ⅱ. 출자총액제한제도의 연혁

Ⅲ. 출자총액제한제도의 내용

Ⅳ. 출자총액제한기업집단의 현황

Ⅴ. 출자총액규제의 입법목적에 대한 비판

Ⅵ. 출자총액제한제도의 법적 문제점

Ⅶ. 결론

[참고문헌]

【ABSTRACT】