Korean Corporate Governance Research

Corporation, as a typical style of modern enterprises, plays an important role in the system of socialism market economy. The gradually supplemented and improved Corporation Law is a key point to the corporation policy. This paper is of the opinion that, the independent director system and supervisory board system are two different supervisory systems of company. Introducing the system of independent director into china to perfect corporate governance now has become a hot issue in study of company law in our country. From the point of law science , integrating the present system of supervisions in Korea , this thesis has a comprehensive analysis of legislation and experiences of China's corporate governance from the new point. Historical thought, comparison analysis, economic analysis and example analysis also be used in this essay. The contents of this thesis are composed of like this: Chapter 1 the summarization of company's supervising mode In this part, the author point out that it is necessary for China to innovate corporate governance law system on basis of the global context and discuss the concept of corporate governance. The author reveals the reasons why the supervisory system is formed, reviews the different patterns of supervisory system adopted by several countries.Chapter 2 the survey of the corporate governance structure in Korea In this part, the author first discuss the evolution of the corporate governance structure in Korea. Furthermore, the author analyze the present conditions and characteristic of the corporate governance structure in Korea. The author also analyze the share structure , corporate control market and capital structure by Comparison with US ,German and Japan. Finally, the author point out the current trend of the variety of the corporate governance structure in Korea.Chapter 3 the Aufsichtsratmitglied system of the Corporation Law in Korea In this part, the author first discuss the Aufsichtsratmitglied system of the Corporation Law in Korea, then analyze its characteristic .The author also compares the Aufsichtsratmitglied system of the Corporation Law in Korea with the supervisory board system in China. Finally, the author point out that the Aufsichtsratmitglied system of the Corporation Law in Korea is useful to the Corporation Law in china.Chapter 4 the audit committee system of the Corporation Law in Korea In this part, the author first discuss the audit committee system of the Corporation Law in Korea, then analyze its characteristic and the present conditions . Finally, the author point out that the audit committee system of the Corporation Law in Korea is useful to the Corporation Law in china.Chapter 5 the inspector system of the Corporation Law in Korea In this part, the author first discuss the inspector system of the Corporation Law in Korea, then analyze its characteristic and the present conditions . Finally, the author point out that the inspector director system of the Corporation Law in Korea is useful to the Corporation Law in china.Chapter 6 some advice on how to improve the present system of supervisions in ChinaAlong with the system being introduced and put into practice, a situation that independent director and supervisory board coexist is formed in practice in our country's corporate governance. This leads to the overlap and conflict between their functions in many aspects. From a reality point of view, the author states the content and the character of the laws on corporate governance in Korea. At the same time, the author analyses the situation and the disadvantages of China's Corporation Law. Further more, the author pointed out his own opinions about how to supplement and improve the Corporation Law in China. On the one hand, we should refine the independent director system introduced into china;on the other, we also should pay attention to the valid exploitation and positive improvement on our current resources of corporate supervision. Then, a mechanism of corporate supervision that has Chinese specialty can be established, by which independent director and supervisory board can harmoniously get along with each other.