執行任員의 法的地位와 責任 = A Executive Officer's Legal Status and Liability

다국어 초록 (Multilingual Abstract)

Company is run by the following two factors: the board of directors, which is composed with all directors or executive members, makes decision making on the management. Then directors and other members carry out those decisions in accordance with the board of director's decisions. The board of directors has many problems for its efficiency and so on. The executive officer which is defined as "a person, selected and appointed by the board of directors and is in charge of partial management under the leadership of director" has been emerged as the potential solution to the decision-making, and the management function after the functional division of the supervision and the managerial. This system has been established early in the U.S.A. so that the officer, independent from executive, has the authority and duty of care comparable to those of the executives. In Japan, since Sony Company adopted this system and reduced the member of directors in 1998 other companies has considered this positively and affirmatively. As of now Korea has discussed on this insufficiently. But to raise the level of transparency of company and to step up the investment of foreign institutional investors further, in the respect of the accordance of corporate governance to global standards. This system is left much to be discussed. In this regard I have analyzed the possible ensuring problems after the adoption of this system into our country in comparison with the cases in U.S.A. and Japan.
In the first chapter, I have examined the background of the recent polemic concerning the executive officer and defined the term executive officer, and in the second chapter the background and the reason of adoption of the executive officer.
In the third and fourth chapters, I have included its developments in U.S.A and in Japan, respectively, and in the fifth chapter, I have examined the possible problems after the adoption of this system into our country.
Finally in the sixth chapter, I have summarized the results of this study.

목차 (Table of Contents)

• Ⅰ. 序
• Ⅱ. 執行任員制度道入의 背景과 理由
• 1. 執行任員制度道入의 背景
• 2. 執行任員制度道入의 理由
• 3. 執行任員에게 企待되는 業務執行
• Ⅲ. 美國에 있어서 執行任員制度
• 1. 任員의 意義
• 2, 任員의 職務權限
• 3. 任員의 義務와 責任
• Ⅳ. 日本에 있어서 執行任員制度
• 1. 執行任員의 法的地位
• 2. 執行任員의 義務와 責任
• Ⅴ. 우리 나라에 導入에 있어서 問題點
• 1. 雇用契約關係인가·任員契約關係인가
• 2. 理事에 관한 規定의 준용여부
• 3. 執行任員會
• 4. 理事와 執行任員의 兼任
• Ⅵ. 結