지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The limited liability partnership is a business form which was adopted in the 90's in the US for closely held enterprises. It was initially introduced for professional enterprises like law firms and accounting firms to reduce the harsh results coming from the vicarious liability of partners for the malpractice of peer partners during the housing and loan crisis in the 80's. Later, it was made available also for any business purpose in most states.
The limited liability partnership form was also introduced in Great Britain as a corporate entity with its own legal personality separate from that of its members. During the legislation process, it was initially considered only for professional firms. However, as enacted, it is not a form of business association available only to professional firms: the owner-managers of any business may adopt it.
Japan also adopted the limited liability partnership form as a business form. However, professionals are not allowed to use it in Japan. Instead it is to be used for general business purposes. The aim of Japanese legislation is said to help promote manpower-condensed industry that appeared since 1990 in Japan.
In Korea, the limited liability partnership was introduced as a business form for law firms in 2005. It is said to have been introduced, in response to the opening of the legal services market of Korea, to strengthen the compatibility of Korean law firms by eliminating the burden of vicarious liability of law firm partners to cope with large foreign law firms with limited liability.
This paper is to study the legal aspects of limited liability partnerships, focusing on the US legislation. It also outlines other countries' legislation of limited liability partnerships. And then, it tries to suggest main points to be considered in introducing limited liability partnerships into Korea as a legal enterprise form for any business. Finally, it argues that the limited liability partnership (LLP) form is one of the new legal business forms to be adopted in the Revision Bill of the Korean Commercial Code by the ministry of Justice instead of the limited partnership (LP) form, which is currently adopted in the Revision Bill.
The limited liability partnership form was also introduced in Great Britain as a corporate entity with its own legal personality separate from that of its members. During the legislation process, it was initially considered only for professional firms. However, as enacted, it is not a form of business association available only to professional firms: the owner-managers of any business may adopt it.
Japan also adopted the limited liability partnership form as a business form. However, professionals are not allowed to use it in Japan. Instead it is to be used for general business purposes. The aim of Japanese legislation is said to help promote manpower-condensed industry that appeared since 1990 in Japan.
In Korea, the limited liability partnership was introduced as a business form for law firms in 2005. It is said to have been introduced, in response to the opening of the legal services market of Korea, to strengthen the compatibility of Korean law firms by eliminating the burden of vicarious liability of law firm partners to cope with large foreign law firms with limited liability.
This paper is to study the legal aspects of limited liability partnerships, focusing on the US legislation. It also outlines other countries' legislation of limited liability partnerships. And then, it tries to suggest main points to be considered in introducing limited liability partnerships into Korea as a legal enterprise form for any business. Finally, it argues that the limited liability partnership (LLP) form is one of the new legal business forms to be adopted in the Revision Bill of the Korean Commercial Code by the ministry of Justice instead of the limited partnership (LP) form, which is currently adopted in the Revision Bill.
목차
Ⅰ. 머리말
Ⅱ. 미국의 유한책임조합
Ⅲ. 미국 이외의 국가에서의 유한책임조합
Ⅳ. 변호사법상의 유한책임조합
Ⅴ. 유한책임조합의 도입 시 고려할 중요한 점
Ⅵ. 맺는말
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