earticle

영어

A director owes a fiduciary duty to the corporation. In performing his or her duties, a director must act in the best interests of the corporation as well as reasonable care.
Bank director is held to even higher standards of fiduciary duty than a director at non-bank firms because not only he or she is obliged to safeguard depositors' money but also bank is different from that of non-bank firm for several reasons. For one, the number of parties with a stake in a
bank activity complicates the governance of that. In addition to shareholders, depositors and regulators have a direct interest in bank business.
Therefore, for over a century, the United States courts have imposed duty to monitor loan portfolio, duty to be informed about Bank's affairs, duty to supervise management, duty to investigate bank business on a bank director.
Introducing the cases, the authors suggest the South Korea Courts to import the higher standards of a bank director's duties.