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鄭容相 釜山 外國語 大學校 1999 外大論叢 Vol.19 No.4
The purpose of this study is to find out desirable types of holding companies to fit each and every company through the analysis of the effects of various types of holding companies. Administrative effects imply merits, demerits and problems on holding company in relation to the restructuring of companies to accomplish more effective administration. legal effects imply the influence of lifting of a ban of holding company in An t i-Monopoly Law. And they apply to other laws, for instance, corporate law, securities exchange law, labor law, tax law, bankruptcy law and regulation law etc. Especially in corporate law, several difficult problems may be traced in articles of incorporation, methods of foundation, systems and the protection of shareholders and creditors of holding company or subsidiaries etc. And studies definition and the types of holding companies including the pure holding company and the operating holding company. And also analysis the merits, demerits and several administrative problems on holding companies, and find out which one is most suitable form to each company to obtain maximum utilities in administration. This thesis will provide some useful suggestions to settle administrative and legal problems.
정용상 釜山外國語大學校 比較法硏究所 2005 比較法學 Vol.16 No.-
As Korea has been faced with international competition in the area of the legal services, the sector of the Korean legal services has experienced three major changes. First, large international accounting firms, the so-called Big 5, have made an attempt to enter the Korean legal market. Second, the size of the law firms of the US and the EU has been large and they have expanded their business abroad. Third, the WTO and other international organizations have pushed Korea for the deregulation of the sector of legal services. The current law of Korea prevents foreign law firms from establishing their branches in Korea. In a degree, China has opened its legal market as foreign investment and trade in China has increased. China has been a member of the WTO since 11 December, 2001. China has made preparations for the entire opening of legal services market. In this context, China has made gradual efforts to improve legal environment, legal education, and legal system, so China plans to strengthen competitiveness of legal services in the near future. It is imperative that our legal education system should be first reformed. In order to get over international competition in the area of legal services, it is necessary to improve the quality of legal services and the sector of legal services must be more and more specialized. Furthermore, it is necessary to continue to make efforts to respond to the gradually emerging changes of the Korean legal market. 1n order to study the actual effects of the legal market reform, this article analyzes the ongoing reform of legal services market in China. Also, this article compares and contrasts historical reforms of legal market experienced in China. 1n view of this comparative analysis, this article suggests a strategy to reform successfully and to avoid making errors caused by a rapid and abrupt change in our legal system.
鄭容相 건국대학교 1988 論文集 Vol.27 No.1
Any two or more company can be united into one company by the law. The merger System which is the most perfect form of enterprise concentration has been used for accomplishing various economic purpose. There are various legal problems in company merger, especially in the Korean Commerical law because there are so many weak points in it. It is desirable that there should be reasonable and adaptable regulations that can be put into practical use. In Korean Commercial Code, it is only the invalidity of company merger by stockholder's opposition but as it is impossible in practically, it should he admired appraisal right of shareholder as America. In this paper, I should like to describe these problems as following according to the comparative study of law based on legislative point of views. Ⅰ. Introduction. Ⅱ. A resolution of the general meeting of stockholder's for recognition company merger. Ⅲ. Responsibility of a Director and an Auditor. Ⅳ. The claim of the merger information. Ⅴ. The appraisal right of dissenters. Ⅵ. Conclusion.