주주총회개최의 발전적 방향을 위한 법적 과제 - 인터넷상의 주주총회를 중심으로 -

The Legal Problem on the Developmental Direction of Shareholder's Meeting in Cyberspace -

The rapid development of electronic communication technologies-from cellular phones to the internet-has already hand a profound impact on the conduct of business. Now, a substantial proportion of proxies are submitted by the internet. Despite this wave of change, most Korean Commercial law does not accommodate the fact that stockholder communications can be conducted through new mechanism-Internet- more efficiently and cost-effectively, and on a more timely basis, than through the default mechanism of the postal service. Electronic submission of proxies, by Internet, has been employed or several years by minor public companies. Under the new legislation, if the board in its sole discretion determines to permit it, stockholders and authorized proxy holders who are not physically present may participate in a meeting by remote communication and be deemed "present" in person to be counted for quorum and other voting purposes. Actually, real time participation and voting without physical attendance now will be legally possible. To make the Shareholder's Meeting in cyberspace, as some more preconditions should be got construction of legal circumstances, for example, electronic notice, understanding of the electronic document etc.