상법 제622조의 問題點과 그 改善方案

• 발행기관: 한국재산법학회
• 저자명: 송호신
• 간행물 정보: 『재산법연구』재산법연구 제20권 제1호, 157~215쪽, 전체 59쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.08.01

영문 초록

Remarkable progress has been made in Korean economy for many years, has witnessed the rapid growth of corporations. Simultaneously with the rise of the great development in social-economic circumstances the many serious illegal acts are increasing, there has evolved an significant social harm. The corporate officers committed to the illegal practices against their corporation, shareholders. consumers, workers, competitors, and so on. Their violations of law was called Corporate Crime. The concept of Corporate Crime was developed to distinguish a body of criminal acts. It IS only natural that it should often be confused with the broader area of crime. Actually it is organizational crime occurring in the context of complex relationships and expectations among boards of directors, executives. and managers. on the one hand. and among parent corporations, corporate divisions. and subsidiaries, on the other. Interestingly, however, Corporate Crime has not been subjected to the same scrutiny or concern by the public or by criminologists as have ordinary crime. And victims of corporate crimes are often unaware that they have been taken. Practically, the Supreme Court did not concerned about the Penal Provision in Commercial Act. And the Supreme Court does not apply these cases to the Provisions. The reason is that they thought be the Criminal Law and Other Special Act better than the Commercial Act. After ail remains of the Provision is its frame. Under the present Provision in Commercial Act is not in order and unprepared. Therefore it make up for the weak points in the current the Provision. Above all, it is necessary to analyze the cause of failure. The Provision discriminate between retaining clauses and abolition clauses. And then investigated revising items. This thesis aim at studying on Corporate Crime in Commercial Act to illegal behavior of wrongdoing officers or corporation in the company. It must be reborn to materialization, standardization and practicality. According to a point of these view, construction of this article. It deals with the problem and improvement to breach of trust or faith. Firstly, examine close1y, breach of trust in Commercial Law distinguished from Criminal Law. Commercial Law concentrate on breach of faith to top managers or officers. In other words, officers must fulfill the requirement of the fiduciary duty. the duty is beyond the trustee in general. Therefore the present Provision in Commercial Act § 622 is wrong. Actors in Commercial Act § 622 must be exclude incorporator. director. liquidator. Reversely. de facto director(Commercial Act § 401-2) should be include. The punishment must aggravate. It is natural that Corporate Crime correct an abuse.

목차

제1 서언

제2 상법 제622조와 형법 제356조의 비교

제3 상법 제622조의 적용이 가능한 배임행위

제4 상법 제622조의 개선방안

제5 결론

참고문헌

ABSTRACT