2008 기업의 소송위험과 그 대응방안

Abstract

After the economic crisis in 1997, the Korean government widely opened the financial market to foreign countries abolishing or amending some restrictions on foreign investments and took a series of structural reform measures to improve the standard of corporate governance and to enhance corporate management. In a nutshell, we have experienced many changes after the economic crisis. Some of the changes are very much helpful for the Korean financial market, but some are not helpful or even painful for the Korean financial market from the perspective of the domestic companies. For example, the opening of financial market caused confusion in the Korean financial market, which had not had competitive power under the governmental governing system. Since that reason, we have faced with so called the "Sovereign Case," which the foreign investment fund acquired the very much profits from the domestic companies and dumped the domestic companies when the foreign investment fund decided that there were no more benefits of the domestic companies. One more example of the changes is increasing litigations against the domestic enterprises that caused from the change of the corporate governance in Korean enterprises under the Amendment of the Korean Commercial Code. Since the litigations against the enterprises may cause the serious managemental loss, it may also causes the uneven balance of the Korean financial market. With this reason the Article analyses the changes of Korean enterprises' managemental environment and the enterprise litigation risks which would be caused from the changes and proposes some counter measures against the enterprise litigation risks in order to improve the enterprises' managemental circumstances.