결합기업하에서의 대표소송의 계속 여부에 대한 연구 (A Study on the Continuance of Derivative Action under the Combined Corporation)

서지정보

· 발행기관 : 한국외국어대학교 법학연구소
· 수록지 정보 : 외법논집 / 36권 / 2호 / 156 ~ 176페이지
· 저자명 : 고재종

초록

I think that our country is not interested in the law problem of the combined corporation. But by the 2011 statistical data, the investigation numbers of the corporation combination in our country are about 543 cases and the sum total come up to 140.2trillion. Also, though there are not in the corporate law, the types of the combination corporation are 4 types in the monopoly regulations and fair trade law such as establishment of joint venture corporation, merger & acquisition, additional office and business transfer.
That ration of the each type is establishment of joint venture corporation 20.6%, merger & acquisition 19.7%, additional office 12,5%, business transfer 8.8%.
Notwithstanding the these cases of the combnation corporation are many, we don’t discussed on the solution methods in the corporation law. Only, in the monopoly regulations and fair trade law, there are several discussion on the legal regulation. But these solution methods can not solve the related problems in the corporation law of the combination corporation. Especially, I will examine about the related problem of the derivative suit.
As the totla system, first, I will inspect on the general contents of the combination corporation. Next,by the formation order of the combination corporation, I will think about the related case and solving methods.
In conclusion, I will reach on the following solving method. First, I think about the studying on the change of interpretation method in the existing corporation law that consider the combination corporation problem. Second, as the certain method, we need to regulate the related law clauses that related the combined corporation, namely the parent-subsidiary corporation relation. if we are choose the latter method,I think that is ideal method.

영어초록

I think that our country is not interested in the law problem of the combined corporation. But by the 2011 statistical data, the investigation numbers of the corporation combination in our country are about 543 cases and the sum total come up to 140.2trillion. Also, though there are not in the corporate law, the types of the combination corporation are 4 types in the monopoly regulations and fair trade law such as establishment of joint venture corporation, merger & acquisition, additional office and business transfer.
That ration of the each type is establishment of joint venture corporation 20.6%, merger & acquisition 19.7%, additional office 12,5%, business transfer 8.8%.
Notwithstanding the these cases of the combnation corporation are many, we don’t discussed on the solution methods in the corporation law. Only, in the monopoly regulations and fair trade law, there are several discussion on the legal regulation. But these solution methods can not solve the related problems in the corporation law of the combination corporation. Especially, I will examine about the related problem of the derivative suit.
As the totla system, first, I will inspect on the general contents of the combination corporation. Next,by the formation order of the combination corporation, I will think about the related case and solving methods.
In conclusion, I will reach on the following solving method. First, I think about the studying on the change of interpretation method in the existing corporation law that consider the combination corporation problem. Second, as the certain method, we need to regulate the related law clauses that related the combined corporation, namely the parent-subsidiary corporation relation. if we are choose the latter method,I think that is ideal method.

참고자료

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