전자투표제도 도입을 위한 법제 정비 방안에 관한 연구

Abstract

Electronic ballot system of shareholdersꡑ meeting is received as one of the means to solve some problems caused by shareholderꡑs indifference to corporate action. The definition of electronic ballot system in shareholdersꡑ meeting is the system by which shareholders can participate in ballot of shareholdersꡑ meeting electronically instead of written ballot or being present in real shareholdersꡑ meeting. In our legal system, it is invalid for shareholders to ballot electronically without being present in real shareholderꡑs meeting. Because the Basic Act of Electronic Transaction which gives electronic records same effects as written records, is applied only to the electronic records which is used for transaction of goods and services. Therefore we should amend the Commercial Code or the Security Exchange Law to execute the electronic ballot in shareholdersꡑ meeting. To introduce the electronic ballot system, we should check several technical points like the security of the system and guaranteeing the authenticity of person exercising the shareholderꡑs right and electronic register system of shareholders and so on. In addition, we should check some legal problems including the time limit of electronic ballot and construction of electronic voterꡑs intention to the changed bill and legal validity of web publication of shareholdersꡑ meeting, etc.. It is important to harmonize the new ballot system with the electronic shareholdersꡑ meeting which will be introduced near future, in legislating the electronic ballot system. And we should introduce some ideas to prevent the dismantlement of shareholdersꡑ meeting probably caused by electronic ballot system of shareholdersꡑ meeting.