한국 회사법의 변천사(一) - 회사법의 제정에서 1995년의 개정까지 -

Abstract

This thesis mainly considers the development of the Korean Corporate Law from its enactment in 1962 to its amendment in 1995. Korean Corporate Law was enacted based on the Japanese Corporate Law which inherited the German Corpotate Law. Furthermore, there is hardly any independent system created by the Korean Corporate Law during its enactment as well as its amendment process. Most part of it directly or indirectly inherited the system of corporate law in foreign countries and one of the most influential model laws was the Anglo - American Corporate Law, especially the U.S Corporate Law. When Korean Corporate Law was enacted in 1962 and it was amended in 1984, its model law was the Japanese Corporate Law. However, since it was based on the Japanese Corporate Law which inherited the U.S Corporate Law at that time, it can be concluded that the both enactment and amendment was practically based on the U.S Corporate Law. Therefore, it would not be an exaggeration to say that the development and history of the Korean Corporate Law was the process of its movement from sphere of influence of the German Company Law to the U.S Corporate Law. Then what would be the reason that Korean Corporate Law absorbed such a large proportion of the U.S Corporate Law during its enactment and amendment process? It would be possible to find one of the reasons from the fact that Korea was under great influence of the United States in many different aspects after World War II and Korean War. However, in legal perspective, it would be more reasonable to conclude that legal and political background that Korean Corporate Law consistently pursued during its enactment and amendment had common factors with the U.S Corporate Law. In other words, the corporate reality of the two countries were similar to each other even if there was a time gap between them.