상법상 다중대표소송에 관한 연구

Abstract

This paper is about introduction of multiple derivative suit of revised Korean commercial act in 2020. The multiple derivative suit refers to right of the minority shareholders of the parent company files a lawsuit against the director etc. of the subsidiary company. Such multiple derivative suit is system for improvement to corporate governance. Specially, Its main purpose is to strengthen external checks on subsidiary company and protect minority shareholders of the parent company. In the meantime, considerable research have been conducted into multiple derivative suit in the inside and outside of the country. However, currently, only Korea and Japan have stipulated multiple derivative suit in the commercial act, and most countries are following it with precedents and legal theories. The purpose of this study is to improve problems of multiple derivative suit under the current law by analyzing the issues related to multiple derivative suit dealt with in previous studies. This study is dividend into 4 chapters. Chapter one presents the purpose, scope and method of this study. Chapter two review the procedure of multiple derivative suit under the current law. Chapter three discusses to improve problems of multiple derivative suit under the current law by analyzing the issues related to multiple derivative suit dealt with in previous studies. Lastly, chapter four propose summarizes improvement proposals of multiple derivative suit in conclusion. My improvement proposals of multiple derivative suit are as following: (1) It is necessary to introduction of a few additional rights for multiple derivative suit of shareholders of parent company(For example, right to inspect books of account of subsidiary company etc.). (2) It is necessary to revise the laws on multiple derivative suit.