1인 이사 주식회사의 감사제도에 관한 고찰

Abstract

Corporate organizations under the Korean Commercial Code are consist of decision making organization, executive operating organization and auditing organization. Decision making organization includes a shareholders meeting; executive operating organization includes board of directors and representative director; and auditing organization includes auditor and auditing committee. However, recent trend of corporate governance towards to, so called, the centerism of board of directors from the centerism of shareholders meeting and of corporate size keeps enlargement. However, among corporations in Korea 82% of corporations are mid- and-small size corporations and only 18% are large corporations. But those 18% of corporations lead the Korean economic market. Therefore, it is true that the Korean Commercial Code just concentrates on those large corporations to regulate them in the market. Provided, the Korean Commercial Code allows the small size corporation dose choose not to have the board of directors and audits. Thus, the small size company may or may not have the board of directors or audits. Having the board or audit depends on its own choice. Since audit system is an essential to corporations, once the small size corporation choose not to have it, director or shareholders meeting should do audit’s function instead under the Korean Commercial Code. However, the Korean Commercial Code lacks some suitable regulations for auditing of the small size corporation. This Article basically examines the audit system of the small size corporation under the Korean Commercial Code in order to analyze the present Korean Commercial Code for the audit system and to promote the betterment of the audit system of the small size corporation.