2009년도 상사법학게 및 상사판례의 동향

Abstract

Throughout 2009, Korean commercial law scholars have actively evaluated and discussed the proposed amendment of the Korean Com- mercial Act (the "KCA"). Particularly, the Korean Commercial Law Association, which may be regarded as a root to many of Korean commercial law scholars, has held four consecutive academic forums this year with the grand theme of "Contemporary Issues and Evaluations of the Korean Commercial Law". The broad discussions took place regarding legal issues for the each section of the proposed amendment, General Provisions and Commercial Activities, Corporations, Insurance and Marine Commerce. In addition, the Korean Academic Society of Business Administration and Law (the "KASBAL) held an academic forum titled "The Global Standards and Tasks of the Korean Laws" and had in-depth discussions regarding global standard of legislative directions and tasks of the Korean laws. The KASBAL also held the "Seminar on How to Improve Economic Laws that have Possibilities of Violating the Korean Constitution" with the Federation of Korean Industries. The Korea Commercial Cases Association and the Korea Business Law Association held academic forums regarding the trend in major countries that separates legislations of Commercial Act by each section. The main theme of the forums was "Issues on Theory and Practice of the Recent Commercial Laws" and "Legal Tasks for Separate Legislation per Part of the KCA" respectively. Frequent changes in the KCA may seem like a natural trend with the time flow. However, it is regrettable that superficial amendments have been made partly without fundamental changes. In my opinion, overall amendments of the KCA should be made as fast as possible since the domestic and foreign economies have not yet been stabilized and Korean companies are in need for guidelines. The Korean commercial law scholars should focus on this point and make efforts in order to enact the best KCA that suits the global standards. In this thesis, I introduced and evaluated some of the amended provisions in the KCA as of 2009. I also introduced important commercial law cases came out in 2009 concerning 1) General Provisions of Commercial Law and Commercial Activities, and 2) Corporations.