新株發行無效 訴訟에 관한 考察

A Study on the Action for the Nullity of Issuance of New Shares

The issuance of new shares in the existing commercial law together with the issuance of company bond belongs to the authority of a board of directors, so the management of husiness and ways for raising of funds are decided by the rational judgment of director’s board. These cause a lot of problems. Therefore, at first, the precedents and theories as to the process of suit-cause the issuance of new shares peculiar to the stock company law which includes very important meaning, practically and theoretically, are studied here. Second, some provisions to the issuance of new shares are studied legislatively, too. 1. The case of issuance with disregarding generally the stock holders’ acceptance right to the new shares. 2. The case of overissue of the total stock number fitting to the company. 3. The case of issuance of new stocks issued by the representative directors without decision of a board of directors. 4. The case of issuance of the sort of stocks without being fixed by the artickes of association. 5. The case of issuance of new shares disregarding the demand for suspension of issuance. 6. The case of evading the inspection unduly by an inspector to the investment in kind. 7. The case of issuance of shares by unfair method or the issue-price, considerahly. 8. Issuance of shares the issue-price which is less pan value in general to the par value stocks. 9. The case of lacking of a public notice Or information to the persons entitled to take new shares who are stockholders. 10. The case of being issued as an unegual terms of issuance. 11. The case of allowance of the right to take newshares to the outsiders. In conclusion, in cases of issuance of new shares, some impotant points which raise a question especially on the legislative point of view are included in this thesis.