ScholarWorks@숙명여자대학교

초록

This study intends to examine the necessity of introducing a commercial court with a focus on corporate litigation. The specific research scope of this study is as follows. First, in relation to the introduction of the commercial court, an example of its introduction is presented focusing on corporate litigation. This study is to conduct a study on the introduction of commercial courts focusing on stock companies under the Commercial Act and the Financial Investment Services and Capital Markets Act. Efforts to improve corporate governance are becoming a reality through ESG (Environmental, Social, Governance), etc., and the concrete realization of ESG is expected to further enhance the claims of shareholders and stakeholders. Company-related litigation is an area where civil litigation and company law overlap, but systematic research on the relationship between company litigation and civil litigation and the introduction of commercial litigation including company litigation is insufficient. In particular, as a result of collecting and analyzing domestic research reports, papers, and policy reports published from 2000 to September 2021, there is no research on the introduction of commercial courts in Korea. was not confirmed, and it was included in civil litigation and counted, but only in the case of non-commercial litigation cases, annual statistical data were calculated. In this situation, the research was conducted using the direct research method with the literature search method as the main axis. Specifically, the United States, the United Kingdom, and the Netherlands are selected as the countries leading the establishment and operation of international commercial courts, and after examining the status of the establishment of commercial courts in those countries, the process of establishment and operation and specific details of the operation are reviewed. In addition, it is intended to point out the problems of manpower shortage, lack of expertise, and interpretation of commercial law in Korea's commercial litigation, and to suggest the justification for the introduction of a specialized commercial court and a plan for its introduction.

키워드