기업집단의 이익과 업무상배임죄-프랑스 로젠블룸 원칙을 중심으로-

Abstract

In case of providing support to an affiliate within the corporate group for the benefit of the group as a whole, the interests specific to the supporting company and the interests of the group may be in conflict. According to the Rozenblum doctrine, the act of providing supporting within a corporate group that meets certain requirements can be justified, even if it requires the supporting company to make a temporary sacrifice, because it may benefit the supporting company in the long run. A number of countries in Europe now recognize the interests of the groups through precedents and laws and tend to regulate the related practices by approaching the issue based on the Rozenblum doctrine. In 2017, the Supreme Court of the Republic of Korea became the first to make a decision to deny the establishment of occupational breach of trust in consideration of common interests on the group level, and this court decision is believed to have been influenced by the Rozenblum doctrine. Considering that it is predominantly the case for corporate groups to conduct business as a single economic entity nowadays, it is desirable to restrict the establishment of a occupational breach of trust with respect to the business judgment made in interest of the group. However, there is a need to set forth clear requirements for establishing occupational breach of trust in reflection of the socioeconomic reality of Korea and the characteristics of its corporate groups.  This paper introduces “Abus de biens sociaux” in France, and the Rozenblum doctrine, which restricts its establishment, to lay the groundwork for research on criminal laws pertaining to interests of the groups and examines the implications thereof.