기업집단법에 관한 EU 및 영국의 인식

Abstract

Based on the concept of ‘economic democracy’ which is appeared in the Korean Constitution, lots of efforts are currently underway to practice substantial justice. There is a proposal to raise the Corporate group law, as a concrete means of realizing the economic democracy. ‘Corporate group law’ are originally from the distinctive corporate culture in Western European countries. However, the purpose of the discussion of the Corporate group law in domestic is to regulate Chaebol (conglomerate). And its constitutional basis is generally found in the concept of economic democracy. Unlike other European countries, in the UK, most corporation are dispersed ownership structure and it is also rare that certain family-owned corporation dominates the whole Corporate group. Also the pyramid structure or multiple voting shares are rarely used, and the corporate control market is highly developed. Therefore, Korean Chaebol or conglomerates of personality that you have to evaluate the target are not existed. In the UK discussion about the Corporate group related to legislation has been relatively active,however, these discussions didn’t result in specialized legislation yet. Therefore, even in the UK, conflict of interest surrounding the Corporate group is resolved by the provisions of the corporation law. In other words, Corporate group is regulated in terms of the protection of minority shareholders of subsidiary and parent corporation, or creditors under the UK Corporation law. In addition, according to International Accounting Standards, obligations of the accounting treatment of the entire Corporate group are also a kind of Corporate group regulation. Taking into account the situation of the UK and domestic characteristics, several supplementation regarding the proposal of Corporate group law are necessary. if the legislation of the Corporate group law is necessary, ‘Corporate group’ requirements of the law must be delimited clearly, start the Corporation group law through the single legislation that has clear requirements application targets about the Corporate group then coverage maybe be expanded based on the social implications. Besides, to establish Corporate group law which is the new type of the law in this society, social consultation and legal legitimacy should be secured. So, it is not only about the economic democracy, which is as the logical basis, but also related to the ‘Corporate Social Responsibility Theory’.