企業의 社會的責任과 商法的規制 = Social Responsibility of Business Enterprise and Regulating by the Commercial Law

다국어 초록 (Multilingual Abstract)

The existing Korean Commercial Code which took the place of the Japanese Commercial Code was promulgated on January 20, 1962, amended by law NO. 1212 on December 12, 1962 and became effective on January 1, 1963. The sources of the origin of Korean commercial law are German and French law under the rules of free competition.
Neverthless, for the past fifteen years, the nation's economic and social development has changed various conditions of business enterprise. Modern enterprise has noticeable features; 1) Type of joint stock company, 2) Managemant is separated from ownership, 3) Plural of goals, 4) Extensiveness of influence, 5) Monopoly of market, and 6) Concentration of capital. In this respect, Modern enterprise raises public nuisances, demage to the environment, fabrication of market prices, camouflage of accounts, shortage of goods, etc. Those matters were not at all anticipated under the commercial law in the 19th century.
Consequently, some provisions of the commercial law for the Modern emterprise have been ascertained to be improper, outdated, or ineffective.
Bur modern commercial law must find the means to regulate effectively the above matters. (the Iron law of responsibility) Enterprise which was decided for internal intension is a part of the social System. But the commercial law is the whole of social system. Consequently, the latter can regulate the former by means which control itself in decision of enterprise intention. This means are the very social Responsibility of Business Enterprise. Therefore, social responsibility is the concept means that promotes public interests in recognition of interplay of public interests and selfinterest, and supplements free market mechanisms.
In order to accept the foregoing mentioned means in the commercial law, two measures are considered. One is the general provision which gives direction to the corporate activity. But this measure is not effect and danger, because of the concept it self is abstract and instructive contents and then director and manager misuse the means of control for thr small and medium enterprise, and are turned out to be a shell of capital power or modern monopoly theories. The other is the individual clauses which prevent concentration of enterprise's power. There are the meechanisms to strengthen auditor's function, participation of enviornment subject in management, single and minority stockholder's right etc..

목차 (Table of Contents)

• Ⅰ. 問題意識의 所在
• Ⅱ. 現代企業의 槪念
• 1. 企業의 意味
• 2. 現代企業의 形態
• Ⅲ. 現代企業의 特色
• 1. 目的의 多元化
• 2. 廣汎한 社會的 影響力
• 3. 所有와 經營의 分離
• 4. 企業의 權力性
• Ⅳ. 企業의 社會的 責任 肯定論
• 1. 企業의 社會的 責任의 必然性
• 2. 企業의 社會的 責任의 性格
• 3. 企業의 社會的 責任의 否定論
• 4. 否定論에 대한 批判
• Ⅴ. 企業의 社會的責任에 대한 法的規制
• 1. 公法的 規制
• 2. 公法的 規制에 대한 批判
• 3. 商法的 規制