內部者去來의 規制에 관한 硏究
- Author(s)
- 李 重 孝
- Issued Date
- 2009
- Abstract
- ABSTRACT
A Study on the Regulation of Insider Trade
Lee, Joong-Hyo
Advisor : Prof. Kim, Young-Gon Ph. D.
Department of Law
Graduate School of Chosun University
The present securities market is performing a very important function in injecting popular capital into the industrial capital.
The information on the stocks in the capital market is very important to the investors who are going to invest their money to those stocks since they make their investment decisions under the information that they could get from the capital market.
The insider trading refers to the trade in which the insider uses undisclosed material information in his dealing in the securities and capital market. The Insider trading is the unfair one to blame for it's inequity between or among the securities dealers, and for it's undermining the market egaritarianism and the investors confidence in the integrity of the securities and capital market.
The regulation for the insider Trading has a long history in the United States of America. Because America had a extensive securities and capital market, the regulation theory of insider trading has been developed effectively.
They found most countries prohibit the insider trading to protect the public investors, inflicting the criminal punishment upon the violators and allowing the civil remedy for the damaged. But there are some differences in the civil liabilities of their insiders.
On the other hand, in Korea, the regulation for the insider trading was transplanted from America. The regulation for the insider trading in Korea follow through that in America. The regulation theory for the insider trading in Korea is similar to the fiduciary theory in America.
Actually the Korean Securities Exchange Act did not prescribed such insider trading regulation when it was enacted in 1962. However, when it was revised in 1976, the insider trading regulation was provided and the last amendment was made in 1977. But the Korean Securities and Exchange Act was abolished since the Act on Capital Market and Business of Financial Investment is in effect in 2009.
This act change the regulation for the insider trading in Korea. The scope of the regulation for the insider trading will be broaden. This is a great change. In securities and capital market, unfair trading is regulated by the Financial Investment Services and Capital Market Act.
This study is a legal study on the regulation for the insider trading focused on the Act on Capital Market and Business of Financial Investment.
Chapter 1 describes about purpose and method
Chapter 2 describes on insider trading regulation debate in the general. Insider trading can be divided into two subcategories: insider trading on the basis of inside information and insider trading on the basis of outside information. In this chapter describes the movement and the trend of legal theories.
Chapter 3 describes case law of USA and EU, Japan.
Chapter 4 describes examines insider trading prohibition in Korea.
Chapter 5 describes some solutions to the problems in insider trading prohibition in Korea.
Chapter 6 come to the conclusion arranged the discussion of above.
* Key words : insider, inside information, insider trading, Korean Securities and Exchange Act, the Act on Capital Market and Business of Financial Investment.
- Alternative Title
- A Study on the Regulation of Insider Trade
- Alternative Author(s)
- Lee joong hyo
- Affiliation
- 조선대학교
- Department
- 일반대학원 법학과
- Advisor
- 김용곤
- Awarded Date
- 2010-02
- Table Of Contents
- 목 차
제1장 서 론 1
제1절 연구 목적 1
제2절 연구 범위와 방법 4
제2장 내부자거래 규제 일반론 7
제1절 내부자거래의 개념 7
제2절 내부자거래 규제의 필요성 9
1. 내부자거래 허용론 10
2. 내부자거래 규제론 16
3. 소 결 20
제3절 내부자규제 이론 22
1. 정보소유이론 23
2. 충실의무이론 30
3. 부정유용이론 33
제3장 내부자거래규제 입법례 44
제1절 미국의 내부자거래규제 45
1. 연 혁 45
2. 내부자 48
3. 정보의 중요성 50
4. 특 징 53
제2절 유럽연합(EU)의 내부자거래규제 54
1. 내부자 55
2. 정보의 중요성 57
3. 독 일 58
4. 영 국 62
제3절 일본의 내부자거래규제 67
1. 내부자 70
2. 내부정보 72
3. 정보의 중요성 73
제4장 자본시장법에 따른 내부자거래 규제 75
제1절 내부자 75
1. 회사내부자 79
2. 준내부자 89
2. 정보수령자 91
제2절 내부정보 93
1. 중요성 95
2. 업무관련등의 정보 103
제3절 규제대상행위 110
1. 거래행위 등 111
2. 이용 행위 112
3. 주관적 요건 116
제4절 위반의 효과 117
1. 형사책임 118
2. 손해배상책임 120
3. 행정제재 126
4. 단기매매차익의 반환 128
제5장 내부자거래에 관한 문제점분석 133
제1절 자율규제의 자율성 134
제2절 규제 대상의 범위 135
제3절 내부정보의 범위 139
제6장 결 론 143
참 고 문 헌 146
- Degree
- Doctor
- Publisher
- 조선대학교
- Citation
- 李 重 孝. (2009). 內部者去來의 規制에 관한 硏究.
- Type
- Dissertation
- URI
- https://oak.chosun.ac.kr/handle/2020.oak/8462
http://chosun.dcollection.net/common/orgView/200000239278
-
Appears in Collections:
- General Graduate School > 4. Theses(Ph.D)
- Authorize & License
-
- AuthorizeOpen
- Embargo2010-01-25
- Files in This Item:
-
Items in Repository are protected by copyright, with all rights reserved, unless otherwise indicated.