주식매수선택권의 부여 및 행사에 관한 법적 문제

Abstract

The option to purchase new shares or shares it owns (hereinafter referred to as ?tock Option? introduced in Securities and Exchange Act, Venture Business Supporting Act and Commercial Act since 1997. The Corporation is harmonized with interests of shareholders and officers or employees, and secures the able workers by the Stock Options. Because it is only a short time since the Stock Option which the Corporations granted to officers or employees was managed, it didn? have socially any problems the while. While the granted officers or employees begin to exercise this options recently, this options become issues gradually.In particular the person who realizes a windfall profit according to economic situation irrespective of contribution of business man appears. And the case to granted several people this options enjoys raised profits of the stock prices irrelevant to each contribution. So the Stock Optionee has moral hazard, and this options are against the interested party of corporation, that is, shareholder etc..While the corporation makes the Stock Option plan and has to be managed this option more effectively. But according to the law now in force the object and volume of stock options, stock option exercise is limited, so the problems that corporations to grant this option manage inefficiently exist. Therefore this paper examines legal issues for stock options and proposes improvement for this.