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송호신(Song Ho Shin),고재종(토론자) 한양법학회 2008 漢陽法學 Vol.22 No.-
Ten years ago, Korea was received a relief loan from IMF(International Monetary Fund). At that point in time, a great many corporations went into bankruptcy, a large number of laborer got out of his job, a creditor was lost his obligatory right. Causes of finance and foreign exchange crisis were various. One of the hiding crisis cause was the premodern structure of control and management in the corporation limited by shares. And then pursuing the issue of a liability against to the chief of the corporation came up to the surface. In the view of the present Korean Commercial Act, representative director is a chief of the corporation limited by shares. He is located in the centre of the legal liability of the corporation. After finance and foreign exchange crisis, in 1997, Korean Commercial Act was amended three times, specially, in association with reconstruction of the corporation, December 29. 1998, December 31. 1999 and July 24. 2001. And now prepared the bill of amended Commercial Act 2006 is concerned in the type of the corporation according to the capital scale. Consist of the corporation limited by share will be (1) under five hundred million won, number of director is one, (2) under five hundred million won, number of director is two, (3) above five hundred million won, number of director is more than 3, (4) set up the executive officer, none representative director. In spite of changing the legal system, representative director take his place on the top of the enterprise. True to form, it is occurred to the social pathology of a disease because of his hog the whole show in the corporation. Therefore, it must shed light on the legal powers and liabilities of representative directors in the corporation limited by shares.
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