유한책임회사의 채권자보호에 관한 문제 - 미국의 연방유한책임회사법과의 비교고찰을 중심으로 -

이성웅 한국경영법률학회 2013 經營法律 Vol.23 No.3

Korea introduced the limited liability company in the United States by the 2011 amendment to the Commercial Act which accepted the limited liability and legal personality despite of partnership character of it. Because the limited liability system affects to stakeholders like company creditors in interesting relationships, it is necessary to analyze whether these legal norm is proper or not, especially with respect to creditor protection system. The basic principles of corporate law would include the goal of creditor protection as well as the maintenance and development of company. The basic legal system for the protection of company creditor depends on the nature of the company. Instead partnership has a free establishment system and a personal responsibility principles, corporation has a legal strict establishment system and a capital system. Despite the limited liability company introduced by the amendment of corporate act is treated as a corporation, it has the deregulation condition in the legal capital and the establishment of the company comparing with the existing corporation. This increases the likelihood of the insolvency of the limited liability company and shifts the risk of loss due to the business operations to the corporate creditor from other stakeholders. The United States as the home country of limited liability company shows the changes in legislation and the diversity of case law regarding a creditor protection system. And because it also has the other way in the capital system of the company act, gives us a deep interesting in a comparative law perspective. Therefore, through the comparative study with United States law, this paper tries to point out deficiencies of korean law that has the problems of creditor protection.

선진국 제조물 책임제 운용실태 조사와 대책

이성웅,염동룡,안준윤,엄수근,김수동 대한안전경영과학회 2001 대한안전경영과학회 학술대회논문집 Vol.2001 No.05

Subsequently in Korea product liability has been introduced. The position of consumers for defective products have been disadvantageous. Defective products should be broght under the law. Then, while consumers would be largely protected, a producer would take the heavy responsibility by law, Therefore, a producer would not be able to take countermeasures for product liability. Object of this paper to investigate and analyze the actual state of management for product liability in advanced countries, and to join it with our quality management system.

英國法上 外國證券에 대한 公示規制

이성웅 한국기업법학회 2005 企業法硏究 Vol.19 No.3

With respect to international securities transactions, UK is known as the most developed securities market. Traditionally, UK has adopted the policies of relaxation and mutualism in the field of disclosure regulation to the foreign securities. Despite of the loose regulation to the foreign securities, UK has continuously kept the strong securities market through the effective market policies and structures. First, UK has supplemented the relaxation of issuance or listing standards in a primary market with the developing of the secondary market and the strong regulation against it. Distortion possibility of the securities price due to the loose regulation is covered by the more efficient market price which will occur from magnifying market volume and making high turnover. Second, the UK securities markets protects the private investor through dividing the markets. UK law strictly regulates securities dealers in order for private investors not to participate in the euromarket where the rules and regulations do not apply. In addition, in the case of the specialist securities which is dealt in the listing market where the rules and regulations apply, UK law prohibits the private investors from accessing to it to protect them because of the relaxation of disclosure regulation. Third, the UK securities market is the securities market laid stress on the professional investors. Therefore it is not big problems that the comparative analysis on the various nations' corporation is difficult owing to the difference of the account standards and governance structures. This professional investor market becomes the more efficient market through coming true a responsibility investment and making low the market entrance barrier as a result of transferring the cost and risk on securities transactions from issuers to the professional investor.

日本法上 船荷證券에 의한 國際裁判管轄合意의 要? - 日本最高裁判所의 치사다네호 事?判決을 中心으로 -

이성웅 한국해사법학회 2003 해사법연구 Vol.15 No.2

분리 충돌형 분사기의 혼합 특성에 관한 실험적 연구

이성웅,조용호,윤웅섭 한국항공우주학회 2003 한국항공우주학회 학술발표회 논문집 Vol.- No.-

日本證券規制法상 外國證券의 上場 및 開示規制 -外國株式의 上場 및 開示規制를 中心으로-

이성웅 한국상사법학회 2002 商事法硏究 Vol.21 No.3

분리 3중 충돌형 분사요소 혼합특성 (Ⅰ)

이성웅,조용호,윤웅섭,김영수 한국항공우주학회 2001 한국항공우주학회 학술발표회 논문집 Vol.- No.-

축소형 액체로켓엔진 성능연구를 위한 소연구장치개발

이성웅,김동환,진형석 한국항공우주학회 2004 한국항공우주학회 학술발표회 논문집 Vol.- No.-

단일 분사기 및 소량의 분사기를 장착하는 시험용 케로신 엔진의 지상연소시험을 수행할 수 있는 소형연소연구장치를 개발하였다. 본 소형연소연구장치는 상대적으로 적은 비용을 투입하여, 발사체용 엔진의 개발의 선행 연구 단계에서 엔진의 주 구성품인 분사기와 연소성능 평가를 수행 가능한 환경을 제공하고 있다고 할 수 있다. 향후 일련의 시험을 통해 안정성과 신뢰성이 향상될 수 있는 엔진 설계가 가능할 것으로 판단되며, 메탄 및 액화천연가스를 연료로 사용가능하도록 설비를 개량할 예정이다. 또한 냉각수 공급계의 저장용량을 확대하여 내구도 시험이 가능하토록하여, 이제까지는 국내에서 시도된 바 없는 주기 연소시험을 통해, 재생냉각시스템의 내구성을 단시간내에 평가할 수 있는 시험 운영 계획도 준비중에 있다.

證券去來法의 目的 - 日本에서의 理論的 展開를 中心으로 -

이성웅 한국기업법학회 2003 企業法硏究 Vol.12 No.-

The object theory regarding a securities exchange act was, in Japan, variously developed with following times situation of securities market. On the interpretation of the act §1, the economic democratization opinions in 1940's, the investor protection opinions in 1950's, the dual opinion in 1980's, the market law opinions in 1990's have' been advocated.<br/> The economic democratization opinions asserted that the act aims a securities democratization because it needs securities to be widely the investment object of masses for the capital supply due to masses. The investor protection opinions state that the direct object of the act is to protect the individual investor who participates to the securities market. The dual opinion states that the function of the act is to secure the efficient distribution of financial resources and it aims consequently the appropriate operation of national economy as well as investor protection. The market law opinions, based on securities market, assert that the act shall accomplish the role of appropriate resources distribution through to secure function of securities market and decide capital flows, therefore it's object is to secure the function of this securities market and plan the formation of fair price.<br/> Each opinion has different mind in nature of the act and regulation system on the securities market also. The utmost important thing is that current economic environment needs the efficiency of securities market and the new approach regarding the securities act. This means the market law opinion to be more effective theory. And according to the market law opinions which is presently a global tendency, it means that constructing of the new regulation system which contains the regulation method and agency regarding a securities market is urgently necessary.

이해관계인주의와 기업법 -프리만의 전략경영을 중심으로-

이성웅 한국경영법률학회 2008 經營法律 Vol.19 No.1

The facts that in 2006 year POSCO case occurred in our society and in 2007 year the social enterprise act was established as the special act make us the necessity of the study on defining stakeholder and redefining corporation from the viewpoint of the reform of corporate act. From before the longtime Freeman as a management scholar had insisted that a manager must manage for all stakeholders who give/take effect to/from the corporation. Simultaneously he insisted redefining of corporation and reforming of the corporate act. Related with a stakeholder principle in corporate legal field, there are the discussing on the law of corporate social responsibility and the law of corporate governance. However the legal approach of social responsibility, as Freeman's thinking, will not be able to escape from the view of shareholder principle and therefore to bring about the change of traditional thinking on a corporation. Consequently it needs to approach with a corporate governance law, and when trying to consider the function of director board as the management control agency, it will needs to search the legal systemic reform that reorganizes the board of director and enters the representative of stakeholders in the board of director.