경영자의 경영판단과 업무상 배임죄

• 영문명: Executive's Business Judgment & Occupational Breach of Trust
• 발행기관: 원광대학교 법학연구소
• 저자명: 윤상민(Yoon Sang Min)
• 간행물 정보: 『원광법학』제31권 제4호, 135~156쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

The Supreme Court takes business judgment into consideration to judge whether executive's breach of trust in office is constituted. Thus, business judgment is a very important factor in determining breach of trust in office. If breach of trust in office is judged by business judgment as such, it is necessary to positively accommodate contents of business judgment rule accumulated in case laws of the United States and to use them in establishing theories examining whether or not breach of trust is formed under the criminal law. Business judgment rule can be appropriately used as data to determine intention of the breach of trust under crime-committing system. What are recognized as intention in breach of trust include the person who conducts the work, act of breach of duty (breach of trust), act of appropriation for property, what makes the third party to get the profits, what causes the loss to himself or herself, and causal relationships between act of breach of trust, appropriation for property and what causes the loss to himself or herself. Besides, they include the intention of illegal profits. Therefore, business judgment rule can affect all areas of what are recognized as intention in breach of trust.

목차

Ⅰ. 서론

Ⅱ. 경영판단원칙의 의미와 도입론

Ⅲ. 배임죄의 성립에 있어 경영판단(원칙)의 지위

Ⅳ. 결론

참고문헌

키워드

업무상 배임죄 경영판단원칙 임무위배 배임행위 불법이득의 의사 occupational breach of trust business judgement rule violation of ones duty breach of trust intention of illegal profits