회사분할에 있어서 소수주주의 보호

Abstract

A Study on the Protection of the Minority Shareholder in Corporate Division The companies become multinational corporations for the limitless competition and had to decide on restructuring because of the difficult economic situation, such as rising oil prices, changing business environment in order to survive in the world market etc. Improving efficiency and increasing their competitiveness became the most urgent task of the companies and its causes of alienation from minimum right protection that internal and external interest party possess, so its need to understand its importance with different kind of point of view for the right protection of minority shareholders. Firstly, I am going to study the corporate division system in Korean business law and then indicate some ways to solve the problems. For example, legislation and construction problem and the practical problems that occurred or will be able to occur after introduction. Next, studying the legislation examples about corporate division in other countries and through the specific comparison or examination that will be limited the minority shareholders protection among the interest parties, I am going to try to find the solution to protect their rights and to harmonize the clash and the conciliation of interests of each part. Law is to secure possibility for actual life and the company law is to rule the actual possibility can be occurred in company organization and operation. As any law can't rule perfectly in rapidly changing life, company law is likewise. It is not so easy to both of two parts between the efficient of restructuring and the protection for minority shareholders' interests. However we cannot resign perfect rules or law unconditionally. The main purpose of this thesis is to find some problems that has got now and to improve it gradually.