증권관련집단소송제도 운영에 관한 제안 -미국의 입법례 및 소송현황을 중심으로- = Suggestion in Developing Securities Class Action System of Korea - by reviewing securities class action laws and cases of the United States-

다국어 초록 (Multilingual Abstract)

The Securities Class Action Act of Korea became effective as of January 1, 2005. Concerning the enactment of the Securities Class Action Act, there has been an argument in one end that such enactment will induce frivolous and opportunistic lawsuits so negatively affect corporate economics. In the other end, there has also been an argument that the enactment was made with too many limitation tools so it will not properly achieve its goal of raising corporate transparency. Although there are conflicting criticisms regarding the enactment of the Securities Class Action Act, it is not right timing now to discuss whether the individual clauses of the Act were properly phrased. Amendment and improvement to Korean securities class action system should be made step by step by closely observing the outcome of the enacted law. The United States, who has the longest history of securities class action system, has also been putting its effort in developing its system. As a way to understand basic principles of securities class action and to develop the system of Korea, it appears very helpful to study development of the laws and cases of the United States.
It may not be easy to take the U.S. securities class action laws and cases as a model for Korea where the two countries have very different legal system and market structure. However, as the U.S. has closely observed the effect of the enacted laws and tried to improve its system accordingly, it appears essential that Korea also places constant efforts for observation and improvement of its legal system in relation to securities class action.

참고문헌 (Reference)

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