최근 미국판례상 내부자거래 요건의 동향 - 연방 제 11순회구고등법원판결(SEC v. Yun)과 관련하여

• 영문명: The Development of the Requirement of Insider Trading on the Recent Case in the U.S.
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 하삼주(Sam-Joo Ha)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(하), 893~917쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  The Exchange act was enacted to create confidence in the securities market by eliminating the use of inside information for personal advantage. The court continued to effectuate this purpose by settling some disputed aspects of insider liability. Recently the United States Court of Appeals for the Eleventh Circuit settled two disputed aspects of insider trading liability in a case of SEC v. Yun.
  First, a duty of loyalty and confidentiality between spouses may be shown if the spouse have a history or practice of sharing and maintaining business confidences or, if the spouse breaches an agreement to maintain the other spouse’s business confidences by disclosing the confidential information. Second, the SEC must prove that the misappropriator expected to benefit from the tip in a misappropriation theory of insider trading liability action,
  The decision in Yun of the Eleventh Circuit Court of Appeals creates a split with the Second Circuit Court of Appeals by defining the spousal duty of loyalty and confidentiality more broadly. Furthermore, the court increased the commontiality between the classical theory and the misappropriation theory of insider trading liability by holding that the SEC must prove that the misappropriating outsider or tipper had an intent to benefit from the tip.
  This article describes, in part, introduction: and in part, the factual Ⅰ Ⅱ background: and in part, the legal background: and in part, the court Ⅲ Ⅳ rationale. finally in part , implications.

목차

Ⅰ. 머리말
Ⅱ. 사건개요
Ⅲ. 법적 배경
Ⅳ. 법원판결의 이론적 근거
Ⅴ. 시사점(결론)
【참고문헌】
[Abstract]

키워드

부정유용이론 내부자거래 내부정보 미공개내부정보 충실과 비밀유지의무 Inside Information Duty of Loyalty and Confidentiality Insider Liability Misappropriation Theory Tipper