판례연구 : 「공정,타당한 회계관행」의 법적 의의 - 일본법제와의 비교검토 - = The Legal Meaning of Generally Fair and Proper Accounting Practices - A Comparative Study on Japan Commercial Code -

다국어 초록 (Multilingual Abstract)

In this paper some problems has been examined on the so-called general clause stipulated in the Korean Commercial Code §29-2 through a comparative study on Japan commercial code §32-2. The general clause of the Korean Commercial Code makes it clear that `generally fair and proper accounting practices`mandatorily apply to drawing up accounting books. Furthermore it marks an epoch in that it is definitely ready to accept the Korean Financial Acoounting Standards, a Collective compolation of those accounting practices, into the legal boundary. In this aspect it makes a striking contrast with that of Japan. Seen from the standpoint of majority opinion that it is considered a special act of the Korean Commercial Code, the Korean Financial Accounting Standards have a system which can easily accept advanced new accounting theories such as those of America without being bothered by the Commercial Code. Actually, several-time revisions of the Korean Financial Accounting Standards have facilitated the introduction of a new accounting system to promote their adaptability to the chang in international accounting circumstances. On the other hand, the Korean legal system shows lots of major controversial issues discussed while trying to revise the Japanese Commercial Code and expects to reasonably be anayzed and accepted. Therefore, in this paper efforts have been made to analyze and solve those problems from the above viewpoint. That is, when we have not accepted the legal effect of the very Korean Financial Accounting Standards and alse kept the standpoint that all their contents are not consistent with ´generally fair and proper accounting accounting practices´, we have reached the following conclusions: we should not allow arbitrary alteration or abolition of mandatory clause in the Commercial Code based on the Korean Financial Accounting Standards and we should not alse consider the superficial and formal violation of the Korean Financial Accounting Standards as that of the Commercial Code. However, at the same time I have to admit that there are some limits to consistently keeping the above analytic standpoint in this paper on the premise that the Commercial Code has not tried hard to actively accept the rapidly changing accounting system for over a decade. In addition, even for the sake of the Korean legal system, we should not leave accounting clause of the commercial Code untreated. Rather we should recognize proper goals or realm of the financial accounting law and also make a lawmaking discussion earnestly to realize them.