電子株主總會의 法制化에 관한 연구 - 電子化時代에 있어서 企業支配問題에 대한 새로운 接近方法의 모색 -

• 영문명: Legal Issues of Electronic Shareholders' Meeting - A New Approach to Solving the Corporate Governance Problem in the Electronic Communication Age -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김성탁(Seong-Tak Kim)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 293~340쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

The problem of corporate governance in Korea is mainly attributable to the impaired functioning of shareholders meeting. Thus, the rehabilitation of shareholder meeting is the key pivot in securing democracy and efficiency of corporate management in Korea. On the basis that the emerging technological developments in electronic communication such as Internet, e-mail, etc. may allow both corporations and shareholders to take the advantage of the cost and time savings and increased access to shareholders meeting, this article attempts to propose some amendments to the existing Korean Commercial Code(KCC), with respect to the legislation of electronic shareholders meeting. In order to permit practical use of Internet technology in corporate governance schemes, this article suggests the necessary legislative measures as followings: (1) General terms defining the “electronic communication”(or “electronic record”) and "electronic notice" must be provided in KCC. (2) Electronic shareholders meeting may be held, as may be designated by or in the manner provided in the articles of corporation. (3) The board of directors may, in its sole discretion, determine if stockholder meetings are held by electronic communication or not. (4) Shareholders have the right to choose between the traditional manner and the electronic method of shareholders meeting. Shareholders may revoke such consent given to the corporation. (5) The corporation must implement reasonable measures to verify that each person by means of electronic communication is a shareholder or proxyholder. (6) The corporation must take reasonable measures to afford shareholders and proxyholders attending the meeting a reasonable opportunity to participate in and to vote at the meeting. (7) The list of shareholders entitled to vote must be made available during the whole time of the meeting on an electronic network. (8) The electronic voting shall be deemed present in person and be counted for quorum at the shareholders meeting. A record of such vote or other action at the meeting shall be maintained by the corporation.

목차

Ⅰ. 머리말

Ⅱ. 電子株主總會의 槪念 및 類型

Ⅲ. 電子株主總會의 導入與件

Ⅳ. 電子株主總會 法制化의 基本的 考慮事項

Ⅴ. 株主總會 召集의 電子化

Ⅵ. 株主總會 議決權行使의 電子化

Ⅶ. 맺음말

참 고 문 헌

【ABSTRACT】