회사의 법인격 남용과 그 규제

• 영문명: Abuse of Corporate Form and Its Regulations
• 발행기관: 원광대학교 법학연구소
• 저자명: 박강익(Park, Kang-Ik)
• 간행물 정보: 『법학연구』제22집 제1권, 191~205쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The business corporations have been the most important factor in the development of the modern capitalistic economy. Corporate institution has various advantage which are not found in case of enterprises by individuals; easiness in concentration of large capital, corporate efforts and distribution of risk of loss. In other to assure them legally, the Company Law provides independent personality to company and dependent upon the kind of company, the privilege of limited liability is given to members of it. However, such devices embrace at the same time the danger of being misused, and it is especially so in case of corporation. Generally a corporation is a separate and distinct entity from those who compose it. This separate entity concept can be a useful tool for those who employ it as a cover or a cloak for improper purposes. Thus every legal system which gives a separate personality to a corporation has some means to solve suchanabuse. The corporate device is a privilege to carry on a business with limited liability and separate entity. The privilege is sanctioned only so long as the corporation functions within limits set by the law. The abuse of the corporate form by incorporating inadequately capitalized corporations is much lamented in our country. Those practices should be knocked down once and for all.

목차

Ⅰ. 머리말

Ⅱ. 법인격 남용의 원인과 유형

Ⅲ. 회사설립절차상 규제

Ⅳ. 사법ㆍ행정적 규제

Ⅴ. 법인격부인법리에 의한 규제

Ⅵ. 기타의 규제

Ⅶ. 맺음말

참고문헌

Abstract

키워드

법인격남용 주식회사 유한책임 유한책임의 특권 Abuse of Corporate Form limited liability company limited liability privilege of limited liability