에멀젼 연료의 성능평가에 관한 연구

양원호,이동원,김홍석,박윤범,현명택 제주대학교 공과대학 첨단기술연구소 2005 尖端技術硏究所論文集 Vol.16 No.2

Emulsified fuel (mixed fuels with a small quantity of water) is suggested as a way of simultaneously diminishing NO_(x) and particulate matter. It is, therefore, an eco-friendly fuel and economical energy source. In this research, a comparative analysis between diesel fuel and emulsified fuel on their characteristics and the performance was done.

執行 任員制度導入의 必要性

梁東錫,金龍 朝鮮大學校 法學硏究所 2001 法學論叢 Vol.7 No.-

투명성 확보를 위한 기업경영기관의 개선

梁東錫 한국기업법학회 2004 企業法硏究 Vol.17 No.-

The board of directors has two main functions: (1) Policy decision for business execution: and (2) monitoring the execution of directors. The 1999 and 2001 amendments of Korean Commercial Code enhanced the monitoring function of the board: concerning outside directors and audit committee. But they are not enough to secure the transparency and accountability, efficiency of corporate management. Because there is a conflict of power between chief director and general directors who are the members of the board of directors. The function of the board, executing and monitoring function, must be separated in Korean Commercial Code. In recent, American and Japanese Law have achieved the separation. As a result, monitoring is belong to the board, but business execution is a role of executive committee. The executive committee is composed of president, executive vice presidents, secretary, treasurer etc.. They are called officers. Their duties and responsibilities entail many of the same issues as experienced by directors. This discuss will be applied to the government business corporations to secure the transparency and accountability, efficiency. In this study, the needs to improve management organs of corporations and government business corporations are studied. Particularly, the problems between chief director and the board of directors in corporation and the problems of nominating president in government business corporations.

自己株式取得의 制限에 관한 考察

양동석 한국기업법학회 2002 企業法硏究 Vol.9 No.-

Teasury stock means the stock that was issued by a company but later was reacquired. The acquirement by a company of its stocks is generally restricted in most countries and exceptionally permitted only in special cases. The purpose of restriction is to prevent substantial reductions of corporate assets and dangers of the abuse of treasury stock by corporate directors or officers for their own individual speculation or corporate control. In securities exchange law, however, unlike corporation law, Stock Repurchase is allowed in principle and there is not any restriction except its repurchase limit. There is a big gap in the provision with respect to Stock Repurchase between corporation law and securities exchange law, and so it may cause many problems like confusions in interpreting the provisions involving stock repurchase. Recently In the United States, company acquisition of own shares is generally permitted unlike being strictly restricted before. But in germany, france, england, japan, etc, they think the self-acquisition of corporate shares as returning of investment or the substantial reductions of corporate assets, and so they forbid the stock repurchase in principle. This thesis studies on the foundations of strict restriction on the acquisition of treasury shares, effect of violation on the self-acquisition of company stocks in the corporation law, and the principal allowance, exceptional limitation, procedure of stock repurchase and disposal in the securities exchange law. In addition to the above, this thesis research into the revised Japan's corporate law in 2001, which permitted stock repurchase in principle.

美國의 企業支配構造

梁東錫 朝鮮大學校 法學硏究所 1999 法學論叢 Vol.5 No.-

경영판단원칙의 수용가능성

양동석 한국기업법학회 2001 企業法硏究 Vol.7 No.-

The business judgment rule in American corporation law was originated from American legal and economic circumstances. Nowadays, we discuss about the accession possibility of the rule to reduce director's duty of care in Corporation. Because, for the corporate governance, we strengthened director's duty to the corporation and the society. As the result, it is generalized to institute a shareholder's derivative suit against directors for damages. The shareholder's derivative suit can be instituted as the action that the shareholders sue against directors for damages in case the corporation does not seek liability who did illegalities and injuries on corporation. Shareholder's derivative suit has been adopted in Korean commercial law since 1962 in order to strengthen shareholder's rights. Nevertheless, before 1998, we could not find out the case that the shareholder's derivative suit was instituted. But, after Cheil Bank shareholders' derivative suit in 1998, several suits were instituted against directors in corporations. We expect much more shareholder's derivative suit will be instituted in future days. And the commercial law was revised for minority shareholders to institute the suit against directors for damages. In this conditions, if the suit will be abused by the minority shareholders, corporation will meets another significant problems. Because most of corporation can not ensure capable director for management. In American, Section 4.01(c) of principles of corporate governance completed by the American Law Institute articulates the following formulation of the business judgment rule : A director or officer who makes a business judgment in good faith fulfills his duty [of care] if : (1) he is not interested in the subject of his business judgment : (2) he is informed with respect to the subject of his business judgment to the extent he reasonably believes to be appropriate under the circumstances; and (3) he rationally believes that his business judgment is in the best interest of the corporation. Anyway, there are two considerable problems in Korean commercial law. One is strengthening director's liability and the other is easing the liability for director to escape from heavy burden. Therefore, we have to consider how to access the business judgment rule. In conclusion. I propose this rule not into legislation but into commentation to solve aboved problems.

VDRL 硝子板法 陰·陽性 血淸에 對한 Waaler-Rose 反應

梁學道,李楨浩,尹秉文,芮薰海,全東雨,金晋郁,玉東石 醫藥係社 1954 綜合 醫學 Vol.11 No.12

사외이사제도의 운영현황과 활성화 방안

梁東錫 한국기업법학회 2001 企業法硏究 Vol.8 No.-

Korean Commercial Law was revised three times after 1997's economic crisis and its subsidiary law was made or revised. We continue to change the corporate governance for transparency, liability of business management and to enhance the utility. Among them, it is the most conspicuous that the board of directors was changed in the supervision and policy decision function of management. Especially the introduction of outside director system is epoch-making. In this study, I examined the present condition about outside director. The system entered its way externally and it is appraised that the system contributed to security of decision policy, transparency, rights of minority, self-complacence etc. internally. Especially great part of companies examine the speciality of candidate who they choose a outside director and they amply satisfied with the result of outside director of activities in 2000 year. But, still now, it is unsatisfied that independence, plan of enhancing exaction to every corporation of outside directors. We have to more study steadly about above problems. After the economic crisis in 1997, Korean commercial law was revised on a suden, but we have to find out the way for success of outside director system on the practical analysis.

일본 상법상 이사의 책임제한과 분할책임론

양동석 한국기업법학회 2003 企業法硏究 Vol.14 No.-

Under the current large scale business environments, it is required for corporate directors to have a high level of a speciality and experience. Recently, A lot of derivative suits is instituted actively by shareholders and Class Action concerning securities is argued hotly. Considering these as is stated above, there remains a question that the personal liability of directors is too heavy. It is necessary to enhance the liability of directors for the transparency, efficiency and responsibility of corporate management, however there are many risks resulting from the uncertainty in business environments and a too heavy burden of responsibility against the corporate directors prevent directors from making a effective business and employing a man of ability. Therefore, it seems reasonable to think about lightening director liability and reviewing our Commercial law §399~401 which provide a joint and several liability of directors and an indemnification for directors. This thesis focus on the reducing of director liability through introducing the Japanese revised commercial law which provides the division of director liability replacing the joint and several liability. This suggests that we also need think about lightening of director liability.

경영판단원칙과 주주대표소송

양동석,박진호 조선대학교 통일문제연구소 2001 統一 問題 硏究 Vol.14 No.-