전자증권제도와 주주총회 활성화 방안－ 주주총회 전자화 논의를 중심으로 －

Abstract

The development of Internet Communication Technologies has caused lots of changes in Corporate law area, such as the adoption of the Shareholder meeting notice by electronic method, electronic voting system, electronic shareholder’s register and electronic register of stock etc. Additionally, the IT trend of Corporate law system has been rapidly accelerated by the enactment of the so-called ‘Electronic Securities Regulation’ in 2016. This kind of movement toward the electronization of Corporate law system has made electronization of current corporate operating system in order to improve the effectiveness in operating the corporation by utilize internet communication technologies. However, the abolition of the Shadow Voting System in 2017 caused lots of listed companies from normal operating their annual Shareholder meeting due to the lack of quorum. From this perspective, in this paper I have suggested some ideas to improve of current Shareholder meeting system which has taken important function in Korea corporate law system and I recommended the detailed improving method toward electronization of both the Shareholder meeting notice and Voting Rights exercise. More specifically, I offered several legal changes as below; - Switching current strict certification procedure for using the electronic voting system to the simple certification procedure, - Adopting the withdrawal right and changing rights after the electronic vote such as the system of the developed countries, - Revising the Korean Commercial Code to promote the electronization of Shareholder meeting notice process, and - Adopting the Hybrid Shareholder meeting system in which allows both the on-the-spot Shareholder meeting and Electronic Shareholder meeting using the Internet Method in the future.