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순환출자의 회사법적 문제점The Problems on the Circular Ownership in the Law of Business Corporation
- Other Titles
- The Problems on the Circular Ownership in the Law of Business Corporation
- Authors
- 김정호
- Issue Date
- 2013
- Publisher
- 한국경영법률학회
- Keywords
- 순환출자(circular ownership); 주주의 충실의무(shareholder' s duty of loyalty); 현금흐름권과 회사지배의 분리(separating control from cash flow right); 고리형 상호주(ringförmige Wechselbeteiligung); 칼아이칸(Carl Icahn); 비교지배구조론(comparative corporate governance); 가공자본(fictitious capital); 가공의결권(fictitious voting right)
- Citation
- 경영법률, v.23, no.2, pp.253 - 280
- Indexed
- KCI
- Journal Title
- 경영법률
- Volume
- 23
- Number
- 2
- Start Page
- 253
- End Page
- 280
- ISSN
- 1229-3261
- Abstract
- Last year Korea experienced a hot discussion on the problem of "circular ownership" in the wake of "economic democratization". The issue "circular ownership" was the utmost urgent and important. In Samsung or Hyundai Group in Korea, there are so many circular ownership relations that horizontally bind the companies each other. The chairman of these groups could be called as 'the Lord of the Rings'. It seems possible to analyze this issue with such a legal tool as the shareholders' duty of loyalty to the company itself and the other shareholders. The author points out that the circular ownership structure could only be legitimate, if the majority shareholder does do all this duty of loyalty and promote the value of his company.
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