주주의 의결권행사의 전자화에 관한 고찰

Abstract

In the last two decades, the expansion of the Internet has made information distribution over the entire globe extremely cheap and has facilitated interaction among large groups of people. Many researches has been taken on IT law of corporation law field according to the development of IT technology recently. Shareholders can be encouraged to vote online using the company's website. The revised proposal on commercial law to adopt the electronic voting system in commercial law was enacted in law number 9746, 28 may, 2009. The revised provision article 368-4 of the commercial law provide the electronic voting as following. 1. A company can adopt electronic voting system with the consent of director's meeting that shareholder vote without presence for taking a vote in the shareholder’s meeting place by the electronic method. 2. A general meeting of a company must be called by notice of at least 14 days. Notice of a general meeting of a company must be given in hard copy form(written document) or in electronic form, by means of a company's web site including the message including that shareholder can vote by electronic method. 3. If a company adopt electronic voting system, then the procedure and other necessary matters to carry out electronic vote must be provided in the presidential statute. According to this provision, the presidential statute proposal for revision to enact the rule was suggested. This article contains some legal issues on the electronic voting system, electronic shareholders’ registration book, a public announcement by the electronic method, a convocation request of shareholders’ meeting by electronic method. This article reviewed the revised provisions of electronic voting system in commercial law and suggests some solutions on that matter from personal view. It also deals with some critical reviews on the revised proposal of the presidential statute.