韓中日 株式會社 業務執行機關에 관한 比較硏究

Abstract

ABSTRACT

A Comparative Study on Executive Organ of the Stock Corporation between Korea, China and Japan

By Jin, Lin Hu Advisor: Prof. Yang, Dong-Suk, Ph.D. Department of Law, Graduate School of Chosun University

The Corporate Form in Korea, China and Japan was drafted at different times, and there are economical and cultrural differences during the developing process, however, it takes an important role in each country's economical development and GDP. What's more, in order to inhence effiency and trans parency,three countries have been in an effort to improve corporation governance.The result is that three nation have much in common. This essay comparely studies on the Excutive Organ of the Stock Corporation between Korea, China and Japan. Nowdays, a corporation is very important relatively in an enterprise structure. So is essential if the corporation exists normally or not. These corporations have been considered as the very ideal system of company because it can be institutionalized easily in capital accommodation and separated the ownership from the operation by allotting a portion of the work to each-shareholder and director. Otherwise, In recent, China and Korea and Japan have an increasing interest in organization of North East Asia Association through the influence of NAFTA and EU. The history of exchange between three nation is longer than 2000 years, but could not organize any economic association still now. Nevertheless, economic relation and direct investment between three nations are increasing very rapidly．Thus,a comparation study on Executive Organ of the Stock Corporation between three nations importantly matters. China is the nation that civil law and commercial law unite as one, having on independent code of mercantile law, So company law making up adoptsa single form of the lawmaking. The promulgation and enforcenment of the Chinese corporation law became accomplished by the necessity of economic reform in 1993, and China revised the law very broadly in 2005. But there are some realistic problems. With the several amendments of South Korean and Japanese corporation law, corporate governance made considerable progress. In comparison with Korea and Japanese Law, Chinese law is insufficient in flexibility and diversity and has a lots of difference. For example, board of director and board in a corporation are composed of the representatives of shareholders and the representatives of employee. In future, 3 nation have an influence on each other and achieve a great result of exchange and investment. In this study, the first chapter is introduction and the second is the inclusion of the executive organ of the stock corporation, the third is a comparative study on executive organ of the stock corporation, and the forth is about accountability and exemption, reduction of liability for executive organ of the stock corporation between Korea, China and Japan. Lastly,it is a brief summary of Executive Organ models and a hint to the developing direction of Executive Organ. Besides, in recent years, Korea, China and Japan established only the bilateral investment treaties between each two countries. But there were no FTA between the three countries. the BIT would be a network enable to make a strong economic block in the North East Asia. I hope this study will be applied to establish a North East Asian Economic Block, as NAFTA.