주주총회의 전자투표제도에 관한 연구

Abstract

【ABSTRACT】

A Study on the Electronic Voting System of Shareholders’ Meeting

Moon, na-young Advisor : prof. Kim, Jae-Hyeong, Ph.D. Department of law, Graduate School of Chosun University

Today, with the development of information and communication technology and the rapid spread of the Internet, companies must adapt to changes in the business environment and improve the environment in which shareholders can exercise their voting rights easily in response to the high information age. Compared to the development and dissemination of IT technology in Korea, the IT generalization of the general shareholders' meeting was slow because there was no legal or institutional maintenance to use the technology properly. Finally, in 2010, we revised the Commercial Law to promote the electronicization of shareholders' The introduction of the electronic voting system is considered to be the exercise of voting rights by means of electronic means for the development of the electronic shareholder meeting, starting from the notice of the convening at the stage of the electronicization of the general meeting of shareholders. The electronic voting system has been introduced considering its necessity and function, but there are still questions about legislation and interpretation. In this context, mandatory electronic voting system is considered as one of the solutions for the protection of minority shareholders and improvement of corporate governance. However, in order to enforce the electronic voting system, it is necessary to discuss the legal issues related to the electronicization of the voting rights. In particular, more detailed regulations are required for matters that may have problems with shareholder equity, such as withdrawal or change of voting rights, or that may affect the resolution of the General Meeting. Despite the controversy, the fact that mandatory debate is being discussed means that there is a high level of concern about the governance structure of Korean companies. Although our commercial law was expected to have an effective change in the status of the general shareholders' meeting by introducing the electronic voting system, the use of the system was poor due to the corporate shareholder participation avoidance phenomenon. It is only hopeless hope that the shareholders' meeting will fulfill its function in this reality. Therefore, in order for the shareholders' general meeting to properly control and supervise the management of the company, it is necessary to make electronic voting system mandatory and guarantee shareholder rights of minority shareholders.