주식회사의 이사의 의무와 책임에 관한 연구

Abstract

A Study on the Obligation and Responsibility of Directors in Corporation

by Kim, Kyu-Jong Advisor : Prof. Kim, Young-Gon Ph. D. Department of Law Graduate School of Chosun University

Even though the Commercial Code has intensified the responsibility and duty of director in order to ensure the administrative transparency, it is quite noticeable that the function of the commitee is relatively failing under the condition that the commitee remains valuable and the position of director is getting more specialized and exclusive in reality. Therefore, if we impose burdensome liability on the director with the conspicuous damage caused, there must be a repugnance between the reality and the Code. Accordingly, in this thesis, we will search for the commercial provisions regarding the director's duty and responsibility based on the content mentioned above. In addition, commenting on the probable schemes to alleviate the responsibility falls on the director, we will try to present ways to form the basis to put them to practical use to help the company stay competitive. The duty of director legislated by the Commercial Code stipulates the responsibility to replenish the capital of company associated with the fund and duty to compensate what they did the damage to the company related to the job and the third person. Company is able to guarantee director's accomplishment in a way that they no longer appoint him/her another session or dismiss him/her right away if there was an inflicted loss on the company or the third person caused by director's unfit performance. However, it is still hard to fully assure director's sincere business control with these kinds of instrumentalities. Hence, apart from the issued as to misstep brought about by breaking laws, it is conceivable to impose monetary charge to maintain the rationality and transparency of the company. Consequently, to attain our purpose on this research, In the very first chapter, we generalize the purpose and scope of this study as an introduction. In the second chapter, account for the usual matters such as nomination, dismissal, recompense as a general considerations. In the third chapter, look into the ordained duty of the director by the Code. In the fourth chapter, inquire into the legislated responsibility of the director by the Code In the fifth chapter, explain on pacificating methods for the cases which the company's independent business withers due to the overwhelming regulations and restraints on the work of director. In the sixth chapter, sum up as a conclusion. We, in general, choose to consult foreign documents and contrast/compare them to our own(Korean) codes to reach our conclusion.