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RISS 인기검색어
- 검색키워드
- 저자 : 鄭茂東 (검색결과 2 건)
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鄭茂東 全南大學校企業經營硏究所 1975 産業經濟硏究 Vol.2 No.1
The employee stock ownership has been encouraged by many leading corporations in Korea recently. But there remain varieties of problem to be solved in coming into operation of the employee stock ownership, especially in the field of law. So in this paper the solutions of legal problem to prevent corporations in Korea from putting the employee stock purchase plan into a smooth practice are to be proposed as follows. 1. The provisions on the employee stock ownership ought to be prescribed not in “ The Law of Rasing Capital Market,” but in the section of issuance of new shares of the commercial law which is one of the fundamental laws. Because the system is closely connected with the preemptive rights of shares. It is desirable that the provision should contain the terms and procedure of the employee stock purchase plane and the relief measure to the shareholders who have the pre-emptive rights put disapprove the plan. 2. It is required through revising the existing law that is called “employee” in an employee stock purchase plane includes not only the employees of a corporation but also the employees of subsidiary corporation. 3. In order to attain the aim of the employee stock purchase plan perfectly, it is required to be provided in the existing commercial law so that a certain restriction on the transfer of the shares acquired by the plan may be imposed by charter or directors. It may be one of the restrictions on the transfer of employee's shares for a corporation to repurchase the employee's shares in the termination of employment. But a corporation cannot acquire its own shares in our commercial law. Therefore, it is necessary to revise the provision of Article 341 of the existing commercial code that a corporation may legally repurchase the employee's a stocks in the termination of employment. 4. From the view-point of continual stability of employee's interests, it is more effective that a corporation's economical support to employees in the practice of the plan will be done on the ground of a fixed provision of law rather than at the discretion of directors.
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