2018년 회사법 관련 대법원 판례의 동향 및 적용 법리에 관한 고찰

Abstract

In the year of 2018, there were about fifteen cases in the Korean Supreme Court regarding Corporate Law. This article focuses on eleven Supreme Court Cases dealing with critical legal principles of Corporate Law. Analysis cases were sorted in chronological order. This paper contains the facts of each case, the contents of the ruling and the analysis of the applied legal theories. The major legal issues raised in the eleven Supreme Court Cases were ① to apply on Korean Commercial Act Article 634-2 (Crimes of Granting Benefits in Connection with Exercise of Shareholder's Rights), ② to apply on Article 466 (Shareholder's Right to Inspect Books of Account), ③ to deal with the exclusion of application of Article 394 (Representatives in Lawsuits between Company and Directors) (1) When a company has filed a lawsuit against a director and vice versa, auditors shall serve as representatives of the company with respect to the lawsuit. The same shall apply where the company receives a request under Article 403 (1), ④ to deal with the Principle of Good Faith and a Defect in the Shareholders' Meeting, ⑤ to apply Acquisition in Good Faith of a Share Certificate, ⑥ to apply and interpret on Article 340-2 (Stock Option), ⑦ to apply on the Principle of Shareholder Equality, ⑧ to interpret the Legal Status of Owner of Transfer Security Right, ⑨ to apply on Article 397 (Prohibition of Competition) and Article 397-2(Prohibition Legal Principles of Appropriation of Company's Opportunities and Assets), ⑩ to discuss on the Effect of Acquisition of Treasury Shares and the problem of returning to its original state, ⑪ to interpret Article 403 (Representative Suits by Shareholders) (5).