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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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Forward-looking information means that in general, although information can’t be judged right or wrong at the time the prediction of future facts, plans, subjective judgments are indicated, it is information that evaluation of the suitability is likely to vary by the future results. Forward-looking information is uncertain as the basis for investment decisions, and not audited so it possess the possibility to mislead investors, but because the future of the market price of securities can be largely affected by the factors such as issuers operating outlook, growth potential, and son on, this disclosure can be hinged to the base of the investment judgement.
This article focuses on discussing weather the company’s action falls on the fraudulent unfair trading including deceptive scheme in Financial Investment Services & Capital Markets Act and Former Securities Exchange Act, when future plans or prospects of the company such as the announcement of the issuing company which is that “the plan of capital reduction will be reviewed and it will be released in future.”In details, part II reviews the detail facts and holdings of the Supreme Court‘s Decision(2011.3.10. 선고 2008도6335 판결), and statutes concerning the fraudulent unfair trading. Part III addresses the affirmative duty to disclose in the U.S. secondary market, and discusses the fraudulent unfair trading in the U.S. federal securities laws by comparative legal study. Part IV reviews the controversial views which has criticised the Supreme Court’s holding regarding the defendant’s activities fell on the fraudulent unfair trading including deceptive scheme in Former Securities Exchange Act. Lastly, as a conclusion, provides the justifications for Supreme Court’s holding that the company’s action falls on the fraudulent unfair trading including deceptive scheme in Former Securities Exchange Act, when future plans or prospects of the company such as the announcement of the issuing company which stated that “the plan of capital reduction will be reviewed and it will be released in future.”
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참고문헌 (34)
참고문헌 신청
(사)한국증권법학회 / 2009 / 자본시장법 / 박영사
/ 2012 / Comment: Adding Meaning to "Meaningful Cautionary Statements": Protecting Investors with a Narrow Reading of the PSLRA's Safe Harbor for Forward-Looking Statesment
Anand Das / 2011 / Comment, A License to Lie: The Private Securities Litigation Reform Act's Safe Harbor for Forward-Looking Statements Does Not Protect False or Misleading
Ann M. Olazabal / 2000 / Safe Harbor For Forward-Looking Statements Under the Private Securities Litigation Reform Act of 1995: What's Safe and What's Not? / Dick. L. Rev 10
Carlos J. Cuevas / 1988 / The Misappropriation Theory and Rule 10b-5: Deadlock in the Supreme Court / J. Corp. L 13 : 793 ~
/ 2012 / Comment: Adding Meaning to "Meaningful Cautionary Statements": Protecting Investors with a Narrow Reading of the PSLRA's Safe Harbor for Forward-Looking Statesment
Anand Das / 2011 / Comment, A License to Lie: The Private Securities Litigation Reform Act's Safe Harbor for Forward-Looking Statements Does Not Protect False or Misleading
Ann M. Olazabal / 2000 / Safe Harbor For Forward-Looking Statements Under the Private Securities Litigation Reform Act of 1995: What's Safe and What's Not? / Dick. L. Rev 10
Carlos J. Cuevas / 1988 / The Misappropriation Theory and Rule 10b-5: Deadlock in the Supreme Court / J. Corp. L 13 : 793 ~
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