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상장회사 사외이사의 권한 및 그 행사방식에 관한 한중 비교연구

Comparative Research on Outside Director's Rights and the Wayto Exert between China and South Korea

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The Outside Director System which control corporate management is designed to enhance transparency and legitimacy, ensure democratization of organizational management, improve corporate fundamentals and strengthen competitiveness. The Outside Director System is first came out in America,and then throughout the world. South Korea and China have regulated the outsider director system in the Commercial Law and Corporate Law. But the Corporate Governance between South Korea and China is different, that the Corporate Governance in South Korea is one-tier system, but in China is two-tier system. In this background, study on the outsider's right and the way to exert between South Korea and China is very important. In this paper, I had comparative research Outside Director's Rights and the way to exert between China and South Korea. Furthermore, the contents of this paper are composed of like this:Chapter One is the part of introduction. The author firstly points out the necessity and significance of putting research on the issue. Chapter Two is general introduction to the outside director in South Korea and China. Chapter Three is introduction to the outside director's right in South Korea and China. Chapter Four is introduction to the way how the outside director exert their right. Chapter Five is the part of conclusion

Abstract

The Outside Director System which control corporate management is designed to enhance transparency and legitimacy, ensure democratization of organizational management, improve corporate fundamentals and strengthen competitiveness. The Outside Director System is first came out in America,and then throughout the world. South Korea and China have regulated the outsider director system in the Commercial Law and Corporate Law. But the Corporate Governance between South Korea and China is different, that the Corporate Governance in South Korea is one-tier system, but in China is two-tier system. In this background, study on the outsider's right and the way to exert between South Korea and China is very important. In this paper, I had comparative research Outside Director's Rights and the way to exert between China and South Korea. Furthermore, the contents of this paper are composed of like this:Chapter One is the part of introduction. The author firstly points out the necessity and significance of putting research on the issue. Chapter Two is general introduction to the outside director in South Korea and China. Chapter Three is introduction to the outside director's right in South Korea and China. Chapter Four is introduction to the way how the outside director exert their right. Chapter Five is the part of conclusion

참고문헌 (14)

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  4. 정찬형, "사외이사제도 개선방안에 관한 연구" (2010), 한국상장회사협의회
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  7. 李建伟, "论我国独立董事产生机制重构", 法律科学
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  9. "「상장회사정관지침」(上場會社章程指引)", ~
  10. "「경외에서 상장한 상장회사들의 규범화된 운행과 개혁을 진일보로 촉진하는 것에 관한의견」(关于进一步促进境外上市公司规范运作和深化改革的意见)", ~
  11. "「상장회사 사외이사제도를 확립하는데 관한 지도의견」(关于在上市公司建立独立董事制度的指导意见)", ~
  12. "「중국회사지배구조준칙」(中國會社治理準則)", ~
  13. "「회사법」(公司法)", ~
  14. "한국 상법", ~

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