Earticle

초록

영어

Corporate executive officer of the duty of care and loyalty of a good manager with all companies operating in duty is discovered, unlike the results expected to cause damage to companies and shareholders are often cases. As such executive officer liable for damages to the area under the so-called business judgment rule to the head of this business allows companies to operate the driving force that provides an opportunity that is true.
However, despite these advantages in the field of criminal law principles, if you want to introduce will have to be cautious. Especially with regard to breach of trust business, the actor’s subjective business judgment rule and the relevant portions of which corresponds to the configuration requirements.
And the business judgment rule and the duty of care consists of faithful duty, the breach of it, which is essentially an act of treason that the principle of good faith can be considered as included in the concept.
Therefore, to examine the breach of trust business, the business judgment rule by the Supreme Court, even if you do not use the concept of breach of trust that corresponds to the important concept of the principle of good faith can play through the full judgment.
Therefore, the concept of management decisions in business, citing breach think it makes unnecessary the introduction of the concept. Rather, breach of trust, which is essentially a principle of good faith and that baesinseong duplication and confusion concept is to bring concerns. Thus, the concept of other criminal laws and to recognize it if you want to introduce the concept and justification for the need for care should be to examine.

목차

Ⅰ. 사건의 개요
  1. 사실관계
  2. 대법원의 판단
 Ⅱ. 문제의 제기
 Ⅲ. 배임의 의의와 구성요소
  1. 업무상 배임죄에 있어 ‘배임’의 의의
  2. 주관적 구성요건으로서 배임 ‘의사’와 그 정도
  3. 객관적 구성요건으로서 배임‘행위’와 재산상의 ‘손해발생’
 Ⅳ. 경영판단의 의의와 구성요소
  1. 경영판단의 의의
  2. 경영판단원칙의 구성요소
  3. 경영판단원칙의 체계적 지위
  4. 소결
 Ⅴ. 배임행위와 경영판단행위의 관련성
  1. ‘배임’ 개념과 ‘경영판단’ 개념의 유사성
  2. ‘배임’ 개념과 ‘경영판단’ 개념의 관계 ; 신의성실원칙과 주의의무 및 충실의무의 관련성
  3. 대법원의 태도
 Ⅵ. 대법원 판결에 대한 검토
 Ⅶ. 맺음말
 참고문헌
 Abstract

키워드

저자

• 이수현 [ Lee, Soo Hyun | 계명대학교 법학과 강사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340