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영국의 “City Code”와 “Panel 시스템”에 관한 연구
이준호 한국법제연구원 2010 법제연구 Vol.- No.38
In M&A context, there is the conflict of interests among the stakeholders in the bidder company and target company. Regardless of hostile takeover (or not), the extreme conflict of interests exists. The M&A legislation is developing in light of the fairness of the market economy and the adjustment of the interests between the stakeholders. The development of the M&A law, including Korea, which many countries rebuild, has focused on the interests of shareholders, maintenance of the management and the transparency of the control market. The U.K. has the regulating system of M&A and those are very characteristic, different from them of Korea because of the difference in the environment of companies. Especially, This character impacts on the EU takeover directives and is appreciated highly. The U.K. M&A law can provide many countries including Korea with the Implications and good models. In the U.K., the executive of panel committee decide the M&A context in accordance of practices quickly and save the time and costs of litigation. That is the big merits of the panel system in the U.K. In relation to the M&A regulation, the U.K. enforces Companies Act 2006, Financial Services and Markets Act 2000, The Fair Trading Act. And then, The Panel on Takeovers and Mergers, the self-regulation organization, has settled all the problems of M&A and actually the City Code of Takeovers and Mergers stipulate the norms and the standards of conduct in board. That is applied preferentially. This City Code is self-regulation, but has the enforcement. And panel system in City Code, as the settlement body, has the independence and neutrality, which provides Korea with many implications. Also, the City Code has the important significance, in that internationally the elastic regulation and the strong enforcement is very important in the sector of companies, finance, securities. In Global situations, it is remarkable that City Code has the flexible interpretation and the maintenance of the enforcement in connection of the statutory basis. And the optimal tuning of panel system by the minimization of the conflict of interests between stakeholders has the function of regulation and adjustment. From now on, the panel committee regarded as the optimal system is, regardless of the adoption of the system in Korea, appreciated highly from the perspective of the efficiency and reasonableness. When not only Korea but also many countries make efforts to rebuild the M&A law, the City Code and the panel system, the character of the U.K. M&A law, can not be depreciated.
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신민주주의 경제 조기 종결의 미시경제적 원인 ― 장가구(張家口)시 식량업(食糧業)과 제분업(製粉業)의 공사관계(公私關係)(1948~1953)
王筱影 ( Wang Xiaoying ) 중국사학회 2021 中國史硏究 Vol.- No.132
Zhangjiakou was an important grain collecting and distributing center before liberation. Both grain industry and flour industry played a significant role in Zhangjiakou’s industry and commerce. Private wholesale grain store and flour mills began to resume production after the second liberation in December 1948. Simultaneously new flour grinding machine had been introduced with the encouragement of the government. Under these conditions, some private wholesale grain store made a transition to flour mills, which led to a rapid development of the flour industry. However, while the new regime encouraged private wholesale grain store to operate flour mills, it also strictly separated the grain industry from the flour industry and prohibited private flour mills from concurrently involve in the grain industry. At the same time, the new regime controlled the grain market through measures such as formulating list price, and state-run grain companies (hereinafter called grain companies) quickly took a leading place. Consequently, the transaction volume of private wholesale grain store decreased, and the purchase and sale of grain were more concentrated in grain companies. Under such circumstances, the flour industry relies on grain companies to provide raw materials, more and more private flour mills became a processer of grain companies. Once the grain supply is tight, private flour mills would be out of business because grain companies could not provide enough raw materials. After the State Monopoly Policy for Grain Purchase and Marketing implemented in 1953, private grain industry completely withdrew from the market, only a few private flour mills maintained production as processing plants, and finally they became the object of socialist transformation.
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