IT화 관련 회사법 개정의견

• 영문명: A Study on Amendment of Corporate Law relating to Information Technology
• 발행기관: 원광대학교 법학연구소
• 저자명: 정경영(Jung, Gyung-Young)
• 간행물 정보: 『법학연구』제21집 제2호, 121~172쪽, 전체 52쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.31

영문 초록

IT, which was introduced to our legal system, is changing corporate legal environment rapidly. It can save much money in issuing the stocks and help share holders to exercise their rights and enable some legal mechanism to function efficiently. Therefore we need to receive IT by amending our corporate law to make corporate action operate well. First, electronic ballot system of shareholders’ meeting is received as one of the means to solve some problems caused by shareholder’s indifference to corporate action. The definition of electronic ballot system in shareholders’ meeting is the system by which shareholders can participate in ballot of shareholders’ meeting electronically instead of written ballot or being present in real shareholders’ meeting. To introduce the electronic ballot system, we need to amend some articles of corporate law on present shareholders’ meeting. Second, The concept of electronic securities which include electronic stocks and electronic bonds was introduced to overcome the paper crisis. The electronic register book represents the title to stocks and bonds and the ownership of any stocks or bonds is determined not by possession of materials representing stocks etc. like any other negotiable instruments but by registry on the register book. So, many regulations stipulated under the nature of negotiable instrument of stocks and bonds should be amended to apply to the electronically registered stocks and bonds. Finally, electronic notification system can be introduced to our corporate law instead of present notification system which is implemented by newspaper. Web site notification can be one way of electronic notification but it needs to meet some conditions that the notification period and contents can be proved later. It is important to harmonize the new IT-relating articles with other articles in corporate law and we need more research on that theme.

목차

Ⅰ. 서

Ⅱ. 주식회사의 공고방법의 전자화

Ⅲ. 전자투표제도의 도입

Ⅳ. 전자증권(주권, 사채권)제도의 도입

Ⅴ. 기타 사항

Ⅵ. 결론

參考文獻

〈ABSTRACT〉

키워드

주식회사 지배구조 업무집행기관 감독〈감사〉기관 집행임원 사외이사 electronic negotiable instrument electronic registry system electronic ballot system electronic notification system electronic stockholders’ list