합자조합에 관한 법적 연구

Abstract

Limited partnership introduced with the revision of commercial law in last 2011 is basically included in a partnership according to civil law, but it is different from the partnership in that it is asked to register certain requirements and the limited partner of limited partnership is responsible for repaying debts for limited partnership at the minimum amount which deducted the part implemented already from the investment amount designated in the partnership agreement. On the contrary, limited partnership is also different from because the limited partner of limited partnership can engage in the work process unlike limited partnership company and the share of the limited partner can be assigned in compliance with the partnership agreement. Limited partnership in this aspect is a form of corporation positioned in the middle territory between the civil law partnership and the commercial law partnership company. The limited partnership in accordance with civil law has unclear relationship with Article 173 of commercial law with respect to the managing qualification of a limited partner, and if the purpose of limited partnership is profit-making only becomes an issue. Because it is also not clear if the content of investment is limited to money and other property only, and the scope of responsibility to be borne by the limited partner when the person is engaged in management of limited partnership is unclear it is assumed that it needs to be supplemented further. Limited partnership generally is expected to get the limelight as a new enterprise type in the corporate area which values human asset. A more in-depth study is required in the future to solve the problem of limited partnership in order to promote its application.