미국법상 은행이사의 신인의무(fiduciary duty)에 관한 연구

• 영문명: Fiduciary Duty of Bank Director in the United States
• 발행기관: 원광대학교 법학연구소
• 저자명: 김희철(Kim, Hee-Cheol) 손영학(Sohn, Young-Hak)
• 간행물 정보: 『원광법학』제24권 제1호, 353~374쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

A director owes a fiduciary duty to the corporation. In performing his or her duties, a director must act in the best interests of the corporation as well as reasonable care. Bank director is held to even higher standards of fiduciary duty than a director at non-bank firms because not only he or she is obliged to safeguard depositors' money but also bank is different from that of non-bank firm for several reasons. For one, the number of parties with a stake in a bank activity complicates the governance of that. In addition to shareholders, depositors and regulators have a direct interest in bank business. Therefore, for over a century, the United States courts have imposed duty to monitor loan portfolio, duty to be informed about Bank's affairs, duty to supervise management, duty to investigate bank business on a bank director. Introducing the cases, the authors suggest the South Korea Courts to import the higher standards of a bank director's duties.

목차

Ⅰ. 서 론

Ⅱ. 신인의무(fiduciary duty)

Ⅲ. 은행이사의 신인의무

Ⅳ. 결 론

참고문헌

Abstract

키워드

은행이사의 신인의무 은행이사의 충실의무 은행이사의 주의의무 선관주의 의무 충실의무 Fiduciary Duty of Financial Institution Director Duty of Loyalty of Bank Director Duty of Care of Bank Director Duty of Care Duty of Loyalty