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The Review on the Expansion of Rights of Minority Shareholders in Corporate Governance
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기업지배구조 개선을 위한 소수주주 권리확장에 관한 소고

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Type
Academic journal
Author
Journal
홍익대학교 법학연구소 홍익법학 홍익법학 제21권 제1호 KCI Accredited Journals
Published
2020.1
Pages
1 - 34 (34page)

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The Review on the Expansion of Rights of Minority Shareholders in Corporate Governance
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We translate Corporate Governance, which is used in English-American law. However, the concept of corporate governance that we are using now is unclear, and the range of minority shareholders used in it is too narrow. This paper examines the problem of agents in corporate governance. Corporate governance is a system that governs and directs a company in a large sense, and is a mechanism for distributing power that embodies rights and responsibilities. The reform of Korea's corporate governance mainly adopted the American model. It also partially accepted the OECD's corporate governance recommendations. The OECD divides the legal pillars of Korea's corporate governance into three broad categories. One column is the Commercial Law, the second is the Capital Markets Law, and the third is the rules for optimized corporate governance in each country. In order to strengthen the rights of minority shareholders, the concept of corporate governance should be examined and the issue of agents, which is the core of corporate governance, should be examined. And finds justification for minority rights in the agency problem. As we saw in the previous paper, the concept of corporate governance in our current law is too narrow. However, when examining the global trend, the rights of minority shareholders are strengthened. In order to reflect these trends and promote sound corporate governance, minority shareholder rights should be strengthened. In order to do this, minority shareholders must be given the authority to check corporate control. The purpose of this paper is to strengthen the rights of minority shareholders and to promote sound corporate governance.
#Minority Shareholders #Minority Stockholders #Corporate Governance #Strengthen the Rights of Minority Shareholders #Extension the Rights of Minority Shareholders #Agency Problem

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김건식 / 2010 / 회사법 연구Ⅱ / 소화 google schola 김두진 / 2015 / 회사법강의 / 동방문화사 google schola 김화진 / 2012 / 기업지배구조와 기업금융 / 박영사 google schola 김효신 / 2009 / 주식회사 지배구조의 법리 / 경북대학교 출판부 google schola 나승성 / 2000 / 회사지배구조론 / 도서출판 자유 google schola

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