한·중의 주식회사의 지배구조에 관한 비교연구 -업무집행기관을 중심으로

Abstract

With its entry into WTO and the hosting of 2008 Beijing Olympics and 2010 Shanghai World Expo, China is enhancing its status in the international community. Its sustainable economic growth, where the corporate sector plays a significant role, has contributed to world economic development. In order to protect private property ownership and expand entrepreneurial initiatives, massive legislation has been advocated and existing laws revised. Under the influence of its historical and pragmatic conditions, the establishment of a nation’s laws is subject to concrete domestic conditions. Therefore, it is reasonable to apply a comparative approach to find out the problems in Chinese corporate laws. On one hand, since Chinese legal system shares the same origin with the Korean counterpart, namely, the continental law, it is relatively convenient to make a comparison. On the other hand, the corporate section of Koran commerce law, under several rounds of revision, has assimilated corporate laws in U.S and is playing a vanguard role in terms of corporate laws across the world. As a result, the gaps between Chinese corporate laws and those in developed countries could be easily identified through the above-mentioned comparison. In this paper, a comparison between Korean corporate law and the Chinese counterpart is made, based on finding out the problems in Chinese corporate law with reference to Korean provision and interpretation. Meanwhile, with the establishment of diplomatic ties between these two countries in 1992 and China’s accession into WTO, bilateral economic interaction has become more active, leading to larger volume of transactions. It is expected that through a comparison of Korean and Chinese corporate laws, a better understanding of laws in these two countries can be achived so as to avoid relevant disputes in cross-border commerce.