Earticle

Abstract

영어

Director and outside director are to requirements of the times to discharge their duties. Obtain a seat on the board of directors have personality in circumspection. Director and outside director can take a different road if their disagree, but They should be careful when calling it into question and put up with any burden that may be caused by their decision. Director and outside director are to fulfillment with faithfully kept. Outside directors in the duty, cutoff the company resulted t bankrupt. Director and outside director are corruptible position. Director and outside director are apt to abuse their position. Therefore it require to restrain criminal law. But there are many problem. The first, civil affairs and criminal affairs is not distinguish clearly. The second, negligence of their duties link directly with commit a copycat crime.
The third, copycat crime of director and outside director leave room for questions to relate breach of trust. This is relation to the sphere of activity.
Sphere of activity in director must interpret a matter in a broad sense. Because it is a shortcut to lead the protection of property. The inflict severe punishment for breach of trust take a thing as security. This security will contribute greatly to the economic development and financial health of the management.

Contents

Ⅰ. 서언
 Ⅱ. 통상적 배임죄에 있어서 사무의 범위 및 재산상 손해에 대한 전제적 검토
  1. 배임죄의 ‘보호정도’에 대한 사전논의
  2. 타인의 사무 인정에 대한 판례의 태도에 대한 검토
  3. 사무처리 내용 및 요건에 대한 논의
  4. ‘재산상 손해’에 대한 객관적 판단의 필요성
 Ⅲ. 일반이사의 책임과 그 위반에 따른 배임죄적용여부
  1. 회사에 대한 책임과 배임죄처벌가능성
  2. 이사의 임무해태 및 위반행위에 대한 처벌
 Ⅳ. 사외이사의 임무해태 및 위반행위에 따른 배임죄적용의 한계
  1. 사외이사제도의 의의
  2. 형사법적 관점에서 평가 및 문제점 검토
  3. 사외이사의 책임 완화론에 대한 비판(배임죄 적용과 관련하여)
 Ⅴ. 결어
 참고문헌
 

Authors

• 이찬엽 [ Lee, Chan Yeub | 서남대학교 경찰행정법학과 조교수 ]

Reference