증권무권화시행을 위한 제도개선방안

박강익 한국기업법학회 2000 企業法硏究 Vol.5 No.-

사외이사제도의 문제점 및 개선방안

박강익 圓光大學校 法學硏究所 2005 法學硏究 Vol.21 No.1

Korean Commercial Law was revised three times after 1991's economic crisis and its subsidiary law was made or revised. We continue to change the corporate governance for transparency, liability of business management and to enhance the utility. Among them, it is the most conspicuous that the board of directors was changed in the supervision and policy decision function of management. The board of directors system is based on the assumption that ownership and management should be separated. As a result, the competence of the general meeting of shareholders was decreased and Korean Commercial Law conceded the powerful executive competence to the board of directors. The directors, as a member of the board of directors, makes a decision on the business and affairs of their corporate and supervises the execution of corporate affairs. And as a representative director, he manages the corporate business or affairs. In this paper, I will examine why the board of directors on Commercial Law could not play its function, and the established basis of outside directors that accepted to strengthen its function. And then, I propose improvement measures in order to outside director system in Commercial Law.

自動車保險의 法律關係

朴康翼 圓光大學校大學院 1996 論文集 Vol.17 No.-

The first car was invented by Karl Benz of Germany in 1878. The history of car insurance is rather short. In 1898, car insurance was created. It was established under the name of Car & Insurance Corporation, a specialist in car insurance. Nowadays, car insurance has developed more and more and has became the center of New branch of insurance. Car insurance is a necessity because of the risk guranteed when a person possess, uses, manages a car. These days, cars have become essential to economic development and elevation of the standard of living. In situation like this, mordem people are exposed to car accidents, so we should consider a counter measure to danger. A car accident happens suddenly which raises social problems because one needs to deal with the problems between the assailant and the injured. There, car insurance is a reasonable system which can reduce liability of the assailant and adequate compensation the losses of injured. At present, our country has become a population of car; but its a big problem for our people in that we do not have adquate roads and lack common sense about driving. So, car insurance always operates in the red. Therefore, we should view the organization of car insurance in order to overcome the problems, and we have to be concerned about decreasing car accidents. The car insurance companies should reduce the insurance fee for persons who hcve no accidents and develop the car insurance system to protect the insured. Our counry, needs to improve the car insurance system with regard to increasing payment for properly medical claims to prevent unreasonable increases in the accident rate and fees. The Traffic Accident Processing Special Laws have to indemnify the persons who have either limited insurance or unlimited insurance without distinction, also delinquent insureds must not be permitted to buy any insurance. One method of preventing delinquent insureds is to set very high insurance fees. This will be a working to them and may bring the delinquent to their senses.

利得償還請求權制度에 관한 硏究

박강익 원광대학교 법학연구소 2004 法學硏究 Vol.20 No.-

회사의 법인격 남용과 그 규제

박강익 圓光大學校 法學硏究所 2006 法學硏究 Vol.22 No.1

The business corporations have been the most important factor in the development of the modem capitalistic economy. Corporate institution has various advantage which are not found in case of enterprises by individuals; easiness in concentration of large capital, corporate efforts and distribution of risk of loss. In other to assure them legally, the Company Law provides independent personality to company and dependent upon the kind of company, the privilege of limited liability is given to members of it. However, such devices embrace at the same time the danger of being misused, and it is especially so in case of corporation. Generally a corporation is a separate and distinct entity from those who compose it. This separate entity concept can be a useful tool for those who employ it as a cover or a cloak for improper purposes. Thus every legal system which gives a separate personality to a corporation has some means to solve such an abuse. The corporate device is a privilege to carry on a business with limited liability and separate entity. The privilege is sanctioned only so long as the corporation functions within limits set by the law. The abuse of the corporate form by incorporating inadequately capitalized corporations is much lamented in our country. Those practices should be knocked down once and for all.

사이버증권거래에 관한 연구

박강익 又石大學校 法律行政硏究所 2000 法律行政硏究 Vol.1 No.-

사회적기업의 활성화 방안 관한 연구

박강익,하재관 가천대학교 법학연구소 2014 가천법학 Vol.7 No.1

우리나라에서 사회적기업이 논의되기 시작한 것은 1997년 외환금융위기로 인한 실업문제가 중요한 사회문제로 대두하기 시작하면서부터이다. 그 당시 실업률이 급증하자 정부는 경제적 약자의 고용 및 소득에 대한 지원의 제도화 과정을 거쳐 정부지원 하에 민간단체가 주도하는 사회적기업이 등장하였다. 2005년 사회적기업 육성법 제정에 대한 논의가 본격적으로 국회에서 시작되어 사회적기업 육성 법안이 발의되어, 2006년 12월 8일 사회적기업 육성법이 국회 본회의를 통과하여 2007년 7월 1일 시행하게 되었다. 사회적기업은 새로운 비즈니스 모델로서 사회에 수익의 대부분을 반환하고, 사회적 목적에 기여함으로써 자본주의 사회의 모순에서 발생하는 실업과 공익 문제를 해결하기 위해 탄생하였다.따라서 본 연구는 사회적기업의 지원제도와 개선방안을 고찰하여 사회적기업의 활성화를 위한 방안을 제시하고자 한다. Neoliberalism has become the main stream of the modern society under the belief that it will produce a more efficient government and improve the economic health of the nation. However, neoliberalism has been criticized for some social issues they have created in the society, such as increased gap between rich and poor, higher unemployment rates, and the accelerated aging phenomenon. The government decided to nurture social enterprises as one of aggressive supports for more employment and income, and enacted the Law of Social Enterprise in 2007.Social enterprise is a new business model was born in order to solve the unemployment and public interest issues arising from the contradictions of capitalist society, in the presence of a certain order to return to society the most of the revenue, and to contribute to society. Thus, the purpose of this study is to analyze current Korean system of support for social enterprises as well as actual cases of their connections with other industrial sectors, and deduce various ways of support required for business entities to turn successfully into social enterprises, so that it can propose effective ways to resolve the issues of support for social enterprises.

證券無券化制度에 관한 硏究

박강익 圓光大學校 大學院 1999 論文集 Vol.22 No.-

This thesis examines the implementation of the paperless system, as a way of streamlining securities market in this changing economic environment. Implementing the system means reshaping of the securities market. Also, taking advantage of the efficiency the system will bring about in market, we can expect sound and stable development of the market and enhanced competitiveness in the international arena.

白地어음의 補充權에 관한 小考

朴康翼 圓光大學校大學院 1995 論文集 Vol.14 No.-

이득상환청구권의 재검토

박강익,박홍진 한국기업법학회 2005 企業法硏究 Vol.19 No.2

In case that rights on a bill or checks is extinguished by the deficiency of procedure of preservation or the completion of the negative prescription, the holder of a bill or check can ask for the repayment of the substantial profit which the debtor of such bill or check gained therefrom. This sort of right is the right of claims for reimbursement and is acknowledged not in the Anglo-American Law but in German. Even in case rights on a check become extinct by arrival of time fixed for presentment, there is no denying the fact their substantial relation is still linked with the bill or check and the original purpose of the institution under consideration consists in getting rid of partiality if possible. The Writer came to the conclusion that a bill or check, which becomes extinct by the passing of time fixed for presentment, is now converted into a valuable instrument showing the right of claim for reimbursement. In short, the exercise and negotiation of right of claim for reimbursement is possible only by holding or delivering the extinct bill or check.