2007年 確定한 政府의 商法(會社法) 改正案에 대한 意見 (My Views on 2007 Government Amendment Draft of Korean Commercial Code(Corporation Code))

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초록

1. To amend more flexibly the articles of present Hapzahoesa is
requested rather than to establish newly articles of Limited Partnership
(Hapzajohap).
2. To amend more flexibly the articles of present Yuhanhoesa and to
amend tax law to give special favors to such Yuhanhoesa in order to
increase the utilization of such companies is demanded rather than to
establish newly articles of Limited Liability Company(Yuhanchaekimhoesa)
besides present Yuhanhoesa.
3. It is requested to make supplementary articles about remedy for
the defects in which the adoption of no-par share system results.
4. The abolition of minimum capital in stock corporation is
requested to be reconsidered, because its abuse maybe will be able to
result in big social problems.
5. The Draft allows in principle the acquisition of company's own
shares on the contrary of the present article. In that case, it is
requested to make necessarily supplementary articles not to infringe shareholder's existing right in disposition of such company's own
shares.
6. The Draft permits medium or large size stock corporation to
adopt executive officer system voluntarily, and the present Commercial
Code(Corporation Code) allows any stock corporation to adopt Audit
Committee in lieu of Auditor by its articles or bylaws.
But executive officer system and audit committee system are
originally systems suitable to large size stock corporation.
Therefore, it is requested for large size stock corporation to adopt
executive officer system and audit committee system mandatorily, and
for medium size stock corporation to adopt such systems voluntarily in
the same way as the present Draft.

영어초록

1. To amend more flexibly the articles of present Hapzahoesa is
requested rather than to establish newly articles of Limited Partnership
(Hapzajohap).
2. To amend more flexibly the articles of present Yuhanhoesa and to
amend tax law to give special favors to such Yuhanhoesa in order to
increase the utilization of such companies is demanded rather than to
establish newly articles of Limited Liability Company(Yuhanchaekimhoesa)
besides present Yuhanhoesa.
3. It is requested to make supplementary articles about remedy for
the defects in which the adoption of no-par share system results.
4. The abolition of minimum capital in stock corporation is
requested to be reconsidered, because its abuse maybe will be able to
result in big social problems.
5. The Draft allows in principle the acquisition of company's own
shares on the contrary of the present article. In that case, it is
requested to make necessarily supplementary articles not to infringe shareholder's existing right in disposition of such company's own
shares.
6. The Draft permits medium or large size stock corporation to
adopt executive officer system voluntarily, and the present Commercial
Code(Corporation Code) allows any stock corporation to adopt Audit
Committee in lieu of Auditor by its articles or bylaws.
But executive officer system and audit committee system are
originally systems suitable to large size stock corporation.
Therefore, it is requested for large size stock corporation to adopt
executive officer system and audit committee system mandatorily, and
for medium size stock corporation to adopt such systems voluntarily in
the same way as the present Draft.

참고자료

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