중소기업 경영합리화를 위한 회사법의 개정방향

Abstract

Stock corporations are the enterprise forms designed for the large-sized and publicly held corporations in corporations law. But contrary to the ideals of corporations law, medium & small-sized and closely held corporations command an overwhelming majority among stock corporations in Korea. The regulations of a stock corporation may be complicated and strict under current corporations law. Therefore medium & small-sized and closely held corporations have some legal problems in performing their business. In recent years, there were legislations for medium & small-sized and closely held corporations in a few countries. In Japan, they got to amend Japanese Commercial Act under the assumption of “the Separate Legislation between Large and Small Corporations” in 1990. And in Germany, there was the amendment of Stock Act through the enactment of “the Act for Small Corporations and on Deregulation of Stock Act” in 1994. I think that the amendment of Commercial Act is required for the managerial rationalization of medium and small corporations in Korea too. And it is especially desirable that the amendment should be focused upon the stock(capital) and bodies of corporation.