주식회사 이사의 선임과 해임 규정에 관한 斷想 - 견제와 균형을 중심으로 -

A Study on the Regulations for the Appointment and Dismissal of Directors in a Corporation - Focusing on Oversight and Balances for Directors -
  • 김문재; 
  • 김은수

초록

Korean commercial law generally tried to regulate directors through a duty of care. As global competition has intensified, the board of directors, whose decision-making process is rapid, has attracted attention. Since 1998, the revised company law has increased the obligations and responsibilities of directors. This is the result of emphasizing management and faithful work. For management evaluation, a qualified person for the task is appointed as a director and works reasonably, In case of negligence, the director shall be responsible. The management rights dispute begins with a vote at the general shareholders' meeting with the aim of appointing and dismissing directors. In the table of contents of this paper, the appointment and dismissal of directors are distinguished. In particular, important cases covered by the Supreme Court and contents arising from practice were reviewed. Accordingly, we will seek a solution according to the interpretation of the commercial law. The thesis attempts to present transparent and fair management. I conducted research by paying attention to the delegation relationship between the director and the company.

키워드

이사선임; 충실의무; 이사의 보수; 경영권 분쟁; 주식매수선택권; 위임관계; 집중투표; Director Election; Fiduciary Duty; Directors’Compensation; Control Power; Stock Option; Delegated Relationship; Cumulative Voting System
제목
주식회사 이사의 선임과 해임 규정에 관한 斷想 - 견제와 균형을 중심으로 -
제목 (타언어)
A Study on the Regulations for the Appointment and Dismissal of Directors in a Corporation - Focusing on Oversight and Balances for Directors -
저자
김문재; 김은수
DOI
10.22864/kcca.2025.38.1.007
발행일
2025-03
유형
Y
저널명
상사판례연구
권
38
호
1
페이지
281 ~ 309