商法上 株主 및 會社의 書面行爲의 電子化方案

• 영문명: A Proposal for Electronization of the Conventional Paper in the Communications between Shareholder
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정준우
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 349~384쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

In these 10 years, the corporations have used information technologies in the operation and carrying on a business of corporation. Specially, a digitally recorded document become the useful method of communications between shareholder and company, because information technology and digitally recorded document are enabling corporations to disseminate informations to more people at a faster and more cost-effective rate than traditional distribution methods having been largely paper-based. But the current legal system based on the traditional business transactions followed by physical and visible activities could not provide suitable legal environment for the new business life with newly emerging information technology. The commercial law amended in 2001 has changed to adopt use of the notice of convocation of a general meeting of shareholders, and the commercial law amended in 1995 has adopted to use the electronic messages in the corporation's bookkeeping. And these efforts are very meaningful to solve the problems that the use of information technology have been restricted by the commercial law. With the exception of these articles, but, there is no provisions to permit incorporates to use the electronic messages in the communications with shareholders, thus the use of a digitally recorded document is quite different from that of paper document in korea. In this paper, I have suggested that the communications which are obliged to be made in paper documents by the Commercial law should he allowed to he made in electronic messages. And I have examined the necessity of the use of electronic media for communications between corporations and shareholders, because it is very useful for enhance participation of shareholders in corporate practices.

목차

1. 서설

2. 주주의 서면행위의 전자화방안

3. 회사의 서면행위의 전자화방안

4. 결론

참고문헌

ABSTRACT