상장법인의 특례규정에 관한 입법적 과제

Abstract

Legislative Problem of the special regulations referring to listed corporations Jung, Gyung-Young Capital Market Consolidation Act which will be put in force in 2009 to help develop the country into a financial hub in East Asia, was passed in Assembly last month. Capital Market Consolidation Act didn't contain the special regulations referring to listed corporations which had been included in the Securities and Exchange Act. Therefore the legislative problems came into being where such regulations should move or what should be enacted. There are four ways to solve that problem. One of them is enacting a law as a special act referring to listed corporations. Second way is enacting a law as a special act to commercial law of which contents are the regulations on listed corporations. Third way to solve that problem is to putting that regulations into Commercial Law which is under amending. The last way is enacting a new Corporation Law after detaching the chapter 3 from Commercial Law, but this way lacks the reality for the time being. This paper recommends the second or third way as a proper way to solve the problem and it can also realize the unification and harmony of the stipulations of listed companies and unlisted companies. But, as that way will bring about a change of the competent ministry of the regulations from Ministry of Finance and Economy to Ministry of Justice, that way should be recommended on the basis of changed attitude of Ministry of Justice. Because even though that way is logically right, Ministry of Justice was too conservative to keep up with the speedy changing environment of corporations so far.