유한책임회사제도에 관한 비교법적 검토

A Comparative Review on Limited Liability Company System

&nbsp;&nbsp;By the revised draft of corporate law noticed Oct. 4. 2006 and Sep. 26. 2007, Limited Liability Company was introduced as the new company type. The introducing reason of the new type of company is because the small and midium entities found in the stock company in spite of no need for establishment of stock company. And the legislators and legal exports want to choose the necessary and suitable company types. The trend found in the advanced country as well as in Korea. For example, the companies such as the limited liability company of the United States and Japan were applicable to the new type of the company.<BR>&nbsp;&nbsp;The limited liability company is a hybrid entity that is neither a partnership nor a corporation but combines many features of both. It has the advantage of a partnership&quot;s flow-through tax treatment and operated flexibility with a corporation&quot;s limited on liability for shareholders. But, it is not sure what the impact of Limited Liability Company as company law system is in Korea.<BR>&nbsp;&nbsp;This article compares and reviews legal analysis and points out some differences of Korean limited liability company system on a amendment draft of Commercial Act with the limited liability company of the U.S. and Japan. In Korea, it is must be introduce to contribution of intangible property and path-through tax treatment like as limited liability company system of the United States. And it must need to be provided for in the law about duty of loyalty and duty of care to member of managed company.