法人格否認論에 관한 解釋論的 硏究

Abstract

This paper has the examination of the doctrine of the disregard of the corporate entity related to the theory of the artificial person's essence. The doctrine of the disregard of the corporate entity is a principle of law that gives the responsibility of the company liability to the stockholder behind the company and deprives the company's corporate entity independence principle and the shareholder's limited responsibility principle in certain cases. It is a correcting principle of law for restoration when a corporate personality that the law has given is abused and is against justice and equity. However, the doctrine of the disregard of the corporate entity has only researched in the viewpoint of technical and practical law rather than being considered regarding the corporate essence. Therefore, the applied basis of the doctrine of the disregard of the corporate entity has been unclear and it's applied boundaries and requirements have been complicated. The reason the doctrine of the disregard of the corporate entity has become unclear and complicated is not because the state of the sociology of law has become unclear and complicated, but because the doctrine of the disregard of the corporate entity has only been developed in a legal method and technique only in the matter of solving the problem that occurs with the unconsidered corporate essence. Hence, this paper has examined the doctrine of the disregard of the corporate entity related to the theory of the artificial person's essence. In the order of England, America, Germany, Japan, the doctrine of the disregard of the corporate entity's position in history; it's basis; it's applied range; it's relation in the theory of the artificial person's essence; has been examined in order. Finally, Korea's doctrine of the disregard of the corporate entity has been examined in this order. This is the result: As applied science can not develop without a solid basic science, when the exploration of the corporate's essence is weak, the doctrine of the disregard of the corporate entity can not stand clearly and abundantly. Therefore, a new theory of an artificial person must be made quickly that unites the technical and essential viewpoint.