유한책임회사 규정의 합리적 해석 및 입법적 개선 = Reasonable Interpretation and Legislative Improvement of Limited Liability Company Law

다국어 초록 (Multilingual Abstract)

Diversification of the company's form is a task that is difficult to give an answer both now and in the future. This is because the stability and predictability of the company's internal and external legal relations, as well as the protection of various stakeholders, must be considered, and it is a challenge that must conform to the changing social and economic environment. The introduction of a limited liability company through the revision of the Commercial Act in 2011 is meaningful in challenging one of the challenges of corporate law. A limited liability company is a hybrid company type that combines the material company element of limited liability of employees with an internal association of the nature of a human company based on the US LLC (Limited Liability Company). With the goal of ensuring that the human ability of experts leads to start-ups through smooth financing, it can be evaluated as a flexible and flexible company that has substantially eliminated the rigidity of the previous company form. However, even though more than a decade has passed since the limited liability company was introduced, the founders' choices have fallen short of expectations at the time of launch. At this point, we should pay attention to the intentions and goals of legislators who have decided to combine the main elements of heterogeneous human and material, and consider measures to improve and revitalize the completion of the limited liability company system. It is necessary to develop interpretation principles and expedite legal reform by listening to the practical evaluation of the business community while examining the advantages of hybrid organizations more elaborately. It is necessary to continuously examine the operational and legal maintenance conditions of US LLC and Japanese joint companies, and in-depth consideration of changes in our corporate culture to come up with measures to improve the limited liability company system that is effective in reality.
To this end, this article first examines the utilization status of limited liability companies and summarizes the problems of some of the current regulations of limited liability companies that had a common problem consciousness. The principles of reasonable interpretation of the regulations of several limited liability companies selected as targets for analysis were found, and the matters requiring legal improvement among the laws and regulations of limited liability companies were examined overall.