초록 열기/닫기 버튼
The purpose of this paper is not to revisit the preceding researches on the executive officer system, introduced by the April 2011 amendments to the Commercial Code, or to discuss the need for the introduction of the executive officer system. Rather, this paper considers the legal issues that can arise among various interested parties, including the shareholders, within the executive officer system and how the companies can take advantage of the executive officer system in the future. Of course, it should be remembered that the introduction of the executive officers is not an end in and of itself, but only a means to an end which should be the improvement of the corporate governance structure and more efficient profit making. With foundation upon the Anglo-American legal theories, this paper looks at the issues that arose in Japan in relation to the principal senior executives (‘shikkouyakuin’ in Japanese) in the companies with committees because the Japanese Corporation Law appeared to have had the most significant influence on the executive officer system in the amended Korean Commercial Code. The Japanese Commercial Law distinguishes between the principal senior executives from the executive officers (‘shikkouyakuin’ in Japanese) and provides for many regulations only applicable to the principal senior executives. Similarly, the Korean Commercial Code distinguishes between the executive officers on the one hand, and the unregistered directors or professional managers on the other hand. This paper considers the possible roles of these different types of officers within a company can be, on an issue-by-issue basis.dn_
키워드열기/닫기 버튼
executive officer(s), executive(s), outside director,non-executive director, independent director,monitoring board, officer(s)
