Earticle

초록

영어

A director owes a fiduciary duty to the corporation. In performing his or her duties, a director must act in the best interests of the corporation as well as reasonable care.
Bank director is held to even higher standards of fiduciary duty than a director at non-bank firms because not only he or she is obliged to safeguard depositors' money but also bank is different from that of non-bank firm for several reasons. For one, the number of parties with a stake in a
bank activity complicates the governance of that. In addition to shareholders, depositors and regulators have a direct interest in bank business.
Therefore, for over a century, the United States courts have imposed duty to monitor loan portfolio, duty to be informed about Bank's affairs, duty to supervise management, duty to investigate bank business on a bank director.
Introducing the cases, the authors suggest the South Korea Courts to import the higher standards of a bank director's duties.

목차

I. 서론
 II. 신인의무(fiduciary duty)
  1. 충실의무(duty of loyalty)
  2. 주의의무
  3. 우리법에서 충실의무의 위치(선관의무와의 관계)
 Ⅲ. 은행이사의 신인의무
  1. 미국 은행이사의 충실의무
  2. 은행이사의 주의의무(duty of care)
 Ⅳ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 김희철 [ Kim, Hee-Cheol | 원광대학교 법과대학 전임강사, 법학박사. ]
• 손영학 [ Sohn, Young-Hak | 고려대학교 대학원 법학과 박사과정 수료 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340