會社債權者의 法的 地位와 責任

다국어 초록 (Multilingual Abstract)

Since the foreign currency crisis, reconstructing of companies has been the point of keen attention in our country and is still debated on the term corporate governance is frequently used in this context. The corporate governance has in its core the notion concerning with the following problems: at first, what a corporation is. Secondly, who governs this corporation. And thirdly to whom and in what may this corporation has to be operated. The leading role of the corporate governance is taken by shareholders, the board of directors, and auditor. But there is another group of people who is out of this leading role but still closely related to the management of the companies: a group so-called stakeholders. This paper has dealed with, among other stakeholders, the more spontaneous position and more active role of the creditor?(especially a bank). As this corporate governance is appilled to different countries differently. I have investigate the role of different kind of creditor, especially of a bank in different countries. Further and ultimately I have proposed the appropriate role of bank in our capital market. The position of a creditor is viewed more clearly when, not in itself, but in comparison with other investor, for example, shareholder. Thus I have searched more concrete and appropriate position, after comparing the creditor and shareholder, and the executive way of authority and ensuing liability. In relation to the corporate governance in extant commercial laws, creditor(as outsider) is not allowed to interfere the corporate management. However in reality creditor exerts an influence on the management both in direct and indirect ways. Consequently to make company with competitivenss from various stakeholders and corporate governance has to consider the fact that the long-term success of the company is dependent on this contribution. It is hoped that this essay will provide the reader with a change of perception in this regard.

목차 (Table of Contents)

• Ⅰ. 序論
• 1. Corporate Governance에서의 利害關係者의 役割
• 2. 債權者의 意義
• Ⅱ. 債權者의 地位
• 1. 意義
• 2. 債權者와 株主
• 3. 債權者의 地位
• Ⅲ. 債權者의 權限行使와 責任
• 1. 意義
• 2. 債權者의 役割
• 1) 序說
• 2) 債權者에 의한 經營監視
• 3. 債權者의 責任
• Ⅳ. 結論