株主의 議決權과 不統一行使 = A Study on the acting of the Voting right of a Stockholder

다국어 초록 (Multilingual Abstract)

stock corporation system has been developed as a typical management of enterprises in modern times.
This system can be said to be the results of our efforts made in the field of economic administration of corporations. a corporation is expected to have as many stockholdersas possible to get large working capital. stockholders should not participate in the management of the corporations. They elect directions or other officers who conduct and business Thus corporation system is expected to realize distinct seperation between property ownership and management of corporations.
of late, however, there is a tendency that basic items of the affairs of corporations are decided at the meeting of stockholders, and thus the management of corporations has actually been under the influence of stockholder meeting.
In exercising voting rights a stockholder should be free to express his own opinion according to his own judgement on his interests. But there remains theoretically various points to be disscussed for a stockholder to exercise his voting rights. This paper deals with various problems raised when a stockholder exercises his voting rights.
Especially a the writer intends to disscuss inconsistent voting act of same stockholder. Generally a stockholder has as many votes in the corporations as he has shares of stock. He may cast his votes Inconsistently at will.
1. It is described in the introductory statement that there occur theoretically various problems to be discussed when a stockholder exercises voting rights.
2. Voting rights of stockholders are discussed as in the following.
a) The voting right of a stockholder is the most important of all the rights of his in the corporation.
b) a vote is legally the most basic the organ of the organ of the enterprise a stockholder casts his vote personally.
The voting right is in nature a sort of property right and can be transferred another person.
c) Generally each share of stock has own right to vote in the corporation. But here are sevral exceptions a share without voting right. a share which has no right to vote on special occasions, a share which has several votes, and so on.
d) Voting rights of stockholders are exercised by means of voting acts to express stockholders, opinions on various items of the affairs of the corporation.
e) Legal nature of exercising voting rights is discussed in various aspects.
f) It is clarified here that a stockholder should be qualitied before he exercises his voting right.
g) Difference between a signed and an unsined share of stock is exemplified.
h) How to exercise voting right and how to vote by proxy are detailed in the paper.
i) Discussions are made concerning about the restraiint to exercising voting rights in various cases.
j) consistent voting act of a stockholder is descrided in comparison with inconsisent voting.
3. Inconsistent voting ot a stockholder is discussed as a core part ot this paper as seen in tne following.
a) A stockholder may cast his votes inconsistently He may devide his votes into both approving opposing ones at will.
b) Inconsistent voting may be necessary in several cases as exemplified in the paper.
c) There are several claims and theories on the matter of inconsistent voting act. some scholars denounce such inconsistent voting act. others give assent to such voting. And others give partial support to inconsistent voting.
4. The writer, in conclusion, claims that inconsistent voting be approved in korea, although there are number of claims on the matter.

목차 (Table of Contents)

• 第1章 序 說
• 第2章 株主의 議決觀 行使
• 1. 槪 設
• 2. 議決觀의 意義
• 3. 議決觀의 法的 性質
• 4. 議決觀의 個數
• 5. 議決觀의 行使
• 6. 議決觀 代理行使
• 第3章 議決觀의 不統一行使
• 1. 槪 說
• 2. 議決觀의 不統一行使의 意義
• 3. 議決觀의 不統一行使가 要請되는 경우
• 4. 議決觀의 不統一行使에 對한 學說
• 第4章 結 論