대표소송에 있어서 회사의 보조참가

Corporation' s assistance to defendant in Derivative Suits.

In recent, we discussed how to enhance the role of directors and the board of directors. As the result, it was generalized that shareholders derivative suit against directors. The suit can be instituted by shareholders when the corporation does not sue against directors who did illegalities and injuries on corporation. This suit has been adopted in Korean Commercial Law since 1962 in order to protect corporate profits from damages caused by directors. Nevertheless, before 1998, there was no case that derivative suit was instituted. So that. Korean Commercial Law was revised to activate the suit. After that. with the first case of Che-il Bank. a lots of famous derivative suit were instituted against directors. We expect the suit will be very popular in Korea. But in this situation, we have to worry about several problems. Especially, because of heavy burden of directors liabilities, most of corporations are very hard to find out a capable and proper candidate to be a director, and in managerial activities. directors have a tendency to escape a positive management in stead of expecting big earns. To solve these Problems. I discussed on the activation of derivative suit and the reduction of directors liabilities several times before.In this study, I propose the Corporation can give assistance to directors who was sued by shareholders. Still now it is not admitted the corporation help directors as defendant. Because the corporation only have common profits with shareholders as plaintiff in derivative suits. It will be needed that the Corporation would rather help directors as defendant than corporation's small profits. I expect our commercial law section 404 will be revised in the near future.