본문 바로가기
KERD
논문KCI 등재

기업의 환경정보 공시제도화

Considering Regulatory Design to utilize Regulation of Corporate Disclosure about the Corporate Environmental Information

0

조회

0

다운로드

3

인용

0

참고문헌

키워드

주제분류법학

초록

In Korea, Corporate Law has not unfocused and evolved to emphasize disclosure of environmental information as a primary focus and regulatory approach. In contrast to this situation, a lot of companies publish voluntarily environmental report or corporate social report. The substantial growth of voluntary formal corporate environmental reporting and social report present an increasing demand on the environmental information of corporate. Social responsible investment movement fueld the demand of voluntary reporting of environmental information. In recognized this trend, the goal of this article is to encourage policy makers to consider this trends and to design regulatory efficient environmental disclosure as soon as possible. In this perspective, section I examined the increasing need of environmental information and the reason of it. In addition, the appropriateness and usefulness of environmental information reporting was analysed in it. Section II covered the general review of environmental information. Following the analysis of corporate reporting practice to publish the environmental report voluntarily, Section III summarize the problem of current corporate disclosure practice. In addition, in Section IV. notable regulatory examples of foreign countries which had taken steps to utilize mandatory formal corporate environmental reporting and require a full disclosure. As examined in Section V, publicly-held corporation must disclose information on environmental regulatory compliance, judicial proceedings, and liabilities in their publicly available financial reports filed with FSC and Stock Exchange. Such disclosure allows incorporation of environmental liability and compliance cost information in the pricing of securities. Futhermore, such disclosure reduces environmental information asymmetries between firms and financial markets, creating incentives to minimize exposure to environmental liabilities by focusing market pressure upon industry. Following above analysis concerning how to incorporate environ- mental information into the corporate regulatory regimes, this study leads to the following conclusion that effective regulatory approach toward mandating environmental information disclosure would be needed and reasonable. First, the function of a mandatory securities disclosure regime should give foundation to establish mandatory reporting of environmental information. Second, in this respect, the annual reporting system could be utilized as effective reporting vehicle. To put it another words, The Capital Market Law should be the bassis of the regulating environmental information.

Abstract

In Korea, Corporate Law has not unfocused and evolved to emphasize disclosure of environmental information as a primary focus and regulatory approach. In contrast to this situation, a lot of companies publish voluntarily environmental report or corporate social report. The substantial growth of voluntary formal corporate environmental reporting and social report present an increasing demand on the environmental information of corporate. Social responsible investment movement fueld the demand of voluntary reporting of environmental information. In recognized this trend, the goal of this article is to encourage policy makers to consider this trends and to design regulatory efficient environmental disclosure as soon as possible. In this perspective, section I examined the increasing need of environmental information and the reason of it. In addition, the appropriateness and usefulness of environmental information reporting was analysed in it. Section II covered the general review of environmental information. Following the analysis of corporate reporting practice to publish the environmental report voluntarily, Section III summarize the problem of current corporate disclosure practice. In addition, in Section IV. notable regulatory examples of foreign countries which had taken steps to utilize mandatory formal corporate environmental reporting and require a full disclosure. As examined in Section V, publicly-held corporation must disclose information on environmental regulatory compliance, judicial proceedings, and liabilities in their publicly available financial reports filed with FSC and Stock Exchange. Such disclosure allows incorporation of environmental liability and compliance cost information in the pricing of securities. Futhermore, such disclosure reduces environmental information asymmetries between firms and financial markets, creating incentives to minimize exposure to environmental liabilities by focusing market pressure upon industry. Following above analysis concerning how to incorporate environ- mental information into the corporate regulatory regimes, this study leads to the following conclusion that effective regulatory approach toward mandating environmental information disclosure would be needed and reasonable. First, the function of a mandatory securities disclosure regime should give foundation to establish mandatory reporting of environmental information. Second, in this respect, the annual reporting system could be utilized as effective reporting vehicle. To put it another words, The Capital Market Law should be the bassis of the regulating environmental information.

참고문헌 (41)

  1. 김건식, "미국의 증권규제" (2001), 홍문사
  2. 김건식, "자본시장법" (2009), 두성사
  3. 한국표준협회, "지속가능경영보고서 가이드라인" (2007), 어드북스
  4. 김병연, "자본시장과 금융투자업에 관한 법률 이해" (2008), 증권연수원
  5. 김명서, "환경정보공시의 정보효과에 관한 연구", 박사, 회계학과, pp.2009
  6. 박훤일, "환경공시에 관한 국제기준의 강화와 국내기업의 대응방안", 기업법연구, 15 (2003), 한국기업법학회
  7. 박세화, "미국 환경법상 회사와 주주의 정화책임", 비교사법, 7(1) (2000), 한국비교사법학회
  8. 한철, "미국법상의 기업자산거래와 환경책임", 기업법연구, (16), pp.323~340 (2004), 한국기업법학회
  9. 한 철, "환경규제와 증권규제의 결합", 상사법연구, 17(1) (1998), 한국상사법학회
  10. 안수현, "내부통제의 회사법제 정비를 위한 검토", 상사판례연구, 20(2), pp.27~78 (2007), 한국상사판례학회
  11. 안수현, "회계제도개혁법의 입법 현황과 실무상 몇 가지 고려점 ―美國 Sarbanes-Oxley Act와의 비교를 통하여", 증권법연구, 4(2), pp.233~267 (2003), 한국증권법학회
  12. 안수현, "미국 상장기업의 환경정보 공시규제 - 현황과 시사점", 상사법연구, 26(3), pp.83~111 (2007), 한국상사법학회
  13. 안수현, "기업의 지속가능성 공시제도화를 위한 시론", 환경법연구, 29(1), pp.35~88 (2007), 한국환경법학회
  14. 신태중, "지속가능성평가와 국내 기업의 지속가능보고서", 기업지배구조연구, 22 (2007)
  15. 친환경상품진흥원, "기업 환경정보 공시제도 도입방안 연구", 내부자문회의 자료, ~ (2007)
  16. Eco Frontier Co, "지속가능성보고서와 기업의 사회적 책임", Sustainability Issue Papers 제11호, ~
  17. 한국상장회사협의회, "알기쉬운 공시서류 작성 안내 및 공시모범사례집", 상장협자료, ~ (2006)
  18. E. M. Mathews, "Social and Environmental Accounting: A Practical Demonstration of Ethical Concern", Journal of Business Ethic, 14 (1995)
  19. A. D. Shocker, "An Approach to Incorporateing Social Preferences in Developing Corporate Action Strategies in The Unstable Ground Corporate Social Policy in a Dynamic Society" (1974), Melville, Califl
  20. Rob Gray, "Thirty years of social accounting, reporting and auditing: what (if anything) have we learnt?", Business Ethics: A European Review, 10, pp.9~16 (2001)
  21. Mark A. Sargent, "Sate Disclosure Regulation and the Allocation of Regulatory Responsibilities", Maryland LR, 46, pp.1027~ (1987)
  22. Blacconiere, W.G, "Environmental Disclosure, Regulatory Cost, and Changes in Firm Value", Journal of Accounting and Economics, 18 (1994)
  23. Blacconiere, W. G, "Environmental Information and Market Reaction", Journal of Accounting, Auditing and Finance, 12 (1997)
  24. Risa Vetri Ferman, "Environmental Disclosures and SEC Reporting Requirements", Delaware Journal of Corporate Law, 17, pp.483~ (1982)
  25. Parkinson, "Disclosure and Corporate Social and Environmental Performance: Competitiveness and Enterprise in a Broader Social Framework", JCLS, 3, pp.3~ (2000)
  26. Lucien J. Dhooge, "Beyond Voluntarism: Social Disclosure And France's Nouvelles Regulations Economiques", Arizona Journal of International & Comparative Law, 21(2) (2004)
  27. Charlotte Villiers, "Corporate Reporting and Company Law, Cambridge Studies in Corporate Law" (2006), University Press
  28. Schwartz, Richard M, "Environmental Disclosure Requirements under the Federal Securities Law", PLI, 2005, pp.121, 115~
  29. Robert Repetto, "Environmental Disclosure Requirements in the Securities Regulations and Financial Accounting Standards of Canada, Mexico and the United States", ~ (2002)
  30. David Monsma, "Muddling Through Counterfactual Materiality and Divergent Disclosure: The Necessary Search for a Duty to Disclose Material Non-Financial Information", Stan. Envtl. L. J, 26, pp.137~
  31. Robert Repetto, "Coming Clean: Corporate Disclosure of Financially Significant Environmental Risks" (2000), World Resources Institute
  32. "Fooling Investors & Fooling Themselves: How Aggressive Corporate Accounting & Asset Management Tactics Can Lead to Environmental Accounting Fraud"[URL]
  33. Elizabeth E. Hancock, "Red Dawn, Blue Thunder, Purple Rain: Corporate Risk of Liability for Global Climate Change and the SEC Disclosure Dilemma", Gio. Int'l Envtl. L. Rev, 17, pp.233~ (2005)
  34. Cynthia A. Williams, "An Emerging Third Way? The Erosion of the Anglo-American Shareholder Value Construct", Cornell Int'l L. J, 38, pp.493~
  35. Lewis D. Lowenfels, "Implied Private Actions Under Sarbanes-Oxley", Seton Hall L. Rev, 34, pp.775~ (2004)
  36. "Coming Clean: Corporate Disclosure of Financially Significant Environmental Risks"[URL]
  37. Perry E. Wallace, "Disclosure of Environmental Liabilities Under the Securities Laws: The Potential of Securities-Markets-Based Incentvies for Pollution Control", Washington and Lee Law Review, 50, pp.1093~ (1993)
  38. Lewis D. Lowenfels, "Implied Private Actions Under Sarbanes-Oxley", Seton Hall L. Rev, 34, pp.775~ (2004)
  39. Barry Elliot, "Financial Accounting and Reporting" (2004), Prentice Hall
  40. Michele Sutton, "Between a Rock and a Judicial Hard Place: Corporate Social Responsibility Reporting and Potential Legal Liability under Kasky v. Nike", UMKC L Rev, 72, pp.1159~ (2004)

관련 논문AI추천

이 간행물의 다른 논문 (16건)