회사법상 소송의 당사자적격에 관한 고찰

A Study on the Standing to Sue of the Litigation on Companies Act

The Litigations on companies act are the civil procedures which target the disputes on property legal relations. They are aimed at the legal relations with many interested persons. For the uniform regulation on incorporated legal relations, the final and conclusive judgement which has admitted a claim of them has the effect on a third person. There are the different types of the litigations on companies act, in the case of a representative suit by a shareholder and an action for removal of a director or liquidator they have less incorporated qualities, and the judgement on them does not have the effect on a third person. But in the case of an action for nullification or revocation of incorporation, an action for nullification of issuance of new shares, an action for revocation of resolution and action to verify non-validity or non-existence of resolution, the judgement which has admitted a claim of them has the effect on a third person. It would matter that who can perform the litigations as a right party at them on companies act which are many persons interested. When there is a substantive enactment on that, the standing to sue is set by the provision. But, if there is no provision on the Commercial Act, a person who is the most closely interested in the result of a lawsuit should be considered as a right party. Then, the company which is directly engaged in the disputes over its incorporation, issuance of new shares or resolution of general meeting of shareholders has a standing to be sued at lawsuits concerning them. Considering the judgement which has admitted a claim of them has the effect on a third person, it is necessary to come up with measures to guarantee his or her due process rights.