Earticle

초록

영어

Electronic methods are already used in money transfer and credit cards transactions and electronic money and checks, which can substitute cash and coins, are being discussed. Recently, the Acts of Electronic Draft have been enacted, in order to make the money in the market flow efficiently. Also electronic bill of lading has been adopted for the practical use of international shipments. However, despite of the effort from the academia and practice, investments to stocks, especially in the stock exchange, is not quite perfectly electronic. Japan enacted a relevant act in 2004 which make its stock market totally dematerialized. This writing summarizes some issues in interpretation that arise in the course of operation of the Stock Electronic Registration System at the present time of 6 months after it came into effect and its purpose, by doing so, is to prevent in advance the kind of problems in introducing the similar system to Korea.

목차

ABSTRACT
 1. 서론
 2. 개별주주통지
  2.1 개별주주통지의 법적 성질
  2.2 대처법 제154조 제2항의 '기간'의 개정
  2.3 개별주주통지와 소송절차 등의 관계
  2.4 개모회사 주주의 자회사에 대한 권리행사시 개별주주통지의 요부
 3. 상속 관련 문제
  3.1 개별주주통지와 소송절차 등의 관계
  3.2 상속인이 자신의 대체계좌부에 대체주식의 기록을 받기 위한 절차
 4. 주식매수청구권 관련 문제
  4.1 대체법 제155조의 해석
  4.2 대체법 제140조의 해석
  4.3 대체법 제158조 제2항의 해석
 5. 신주예약권 관련 문제
  5.1 대체신주예약권의 무상배정과 주권상실등록
  5.2 취득조항부신주예약권의 취득대가로서 대체주식을 교부하는 경우의 대체법 제131조 제1항의 통지 상대 방
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저자

• 이기욱 [ Ki-Wook Lee | 한국조세연구소 책임연구원 ]

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