전자투표제도 도입 이후 주주총회의 변화에 관한 고찰

Abstract

The electronic voting system, introduced in commercial law, is to promote the competitiveness of the company by providing chances to exercise shareholders' rights, forming a quorum, and guiding overseas shareholders' investment opportunities. However, despite of initial expectation, the system has not been sufficiently used by companies, and problems have emerged due to the electronic voting system introduction. This study reviews the relationship between the electronic voting system and the written ballot, which was discussed in advance of the electronic voting system, restrictions on the voting time, problems of change and withdrawal of voting, handling of already exercised vote, and where to blame in case of errors in communication system. Moreover, this study investigates following fields: ① legal interpretation to the implementation of the law after the introduction of the electronic voting system to commercial law, ② limited voting right, ③ proxy voting, ④ abolition of the shadow voting and obligational introduction of the electronic voting system, and ⑤ activating methods of the electronic voting system. Furthermore, legal affairs in relation with the webcast of shareholders' meeting, based on the internet environments, are considered. It is critical moment to encourage participation of shareholders and companies in the system since the electronic voting system has been introduced in commercial law. However, most disputes are based on interpretations in relation with the problems arising from the introduction of the electronic voting system so that specific regulations should be prepared for the relevant affairs together with substantial efforts exerted by companies and shareholders. Proactive attitudes of companies, legislative solution, and exercise of shareholders' voting rights shall contribute to the development of shareholders' meeting in response to Korean IT technology through the electronic voting system.