주주대표소송 판례의 동향과 그 연구

Abstract

A shareholder's derivative suit is a suit in which the shareholder sues “on behalf” of the corporation, on the theory that the corporation has been injured by the wrongdoing of a third person, typically director of the corporation. When a minority shareholder in a corporation believes that the board of directors is improperly failing to sue against its directors on a corporate cause of action, he may be able to bring a derivative suit. The concept of derivative suit comes from Anglo-American case law, thus it's important to study the legal issues of derivative suit. I have reviewed and analyzed the essential legal issues relating to derivative suit, for example, requirement for maintaining a derivative suit, demand on the board, double derivatives suit, intervention to derivative suit by the corporation or anther shareholders. There are no big differences compare with the typical theory discussed by many scholars or main stream judicial precedents. Some legal issues were written based on theological basis not judicial precedents since there are few precedents in this areas. This study pursue these issues into questions in a number of situations. This study is written in the hope of attempting to contribute those discussion.