코로나 19 시기에 있어서, 주식회사와 감염병예방법(주주총회 소집의 제한 또는 금지조치를 포함하여)ㆍ상법(코로나 19 예방 및 관리위원회)ㆍ한국은행법(디지털화폐)과의 관계 및 그 개선방안

Abstract

The Covid-19 pandemic has hit business, economy and society unprecedentedly. A korean corporation is undergoing many changes due to Covid-19. In order to prevent infectious disease, the Minister of Health and Welfare, Mayors/Do Governors, or heads of Sis/Guns/Gus may restrict or prohibit convening shareholders' meeting(INFECTIOUS DISEASE CONTROL AND PREVENTION ACT Article 49(1)2). But to convene shareholders' meeting should be restricted or prohibited in accordance with the proportionality so that the corporation does not suffer unnecessary damage. It is illegal to exercise administrative power contrary to the proportionality. In matters related to the prevention or management of Covid-19, the representative director, board of directors, directors, committees(for example, Covid-19 prevention and management committee' related to the corporation) or the general shareholders' meeting of the corporation will review the INFECTIOUS DISEASE CONTROL AND PREVENTION ACT, COMMERCIAL ACT, FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT, precedents, and decisions of the Constitutional Court and inquire with the Ministry of Health and Welfare, the Centers for Disease Control and Prevention or local governments(in some cases, request an interpretation of authority) and exercise their authority well. Through this, the corporation can obtain a stable profit and make continuous development. The board of directors of the corporation may be good at appointing a person who knows the INFECTIOUS DISEASE CONTROL AND PREVENTION ACT, COMMERCIAL ACT well and a infectious disease prevention and management expert as members of the Covid-19 prevention and management committee. When Covid-19 disappears (almost), the board may abolish the Covid-19 prevention and management committee or dismiss the above member.