Are company directors responsible to shareholders?


The debate over a proposed bill to expand the responsibilities of company directors to include not only the interests of the firm but also those of the shareholders has reignited. The bill, put forward by Rep. Jeong Jun-ho, seeks to amend the Commercial Act to include the "proportional interests of shareholders" in the directors' duty of loyalty. This amendment aims to hold directors more accountable for their decisions, particularly in capital transactions, and to provide legal protection for minority shareholders who may suffer losses due to corporate decisions. However, business groups have strongly opposed the bill, expressing concerns that it could lead to an increase in shareholder-led lawsuits and punishment of directors for breach of trust. They argue that expanding directors' obligations to individual shareholders may hinder long-term risk investments and diminish entrepreneurship and management autonomy, ultimately reducing the interests of all shareholders. Financial authorities, on the other hand, have shown support for the proposed amendment, particularly in the context of the ongoing Corporate Value-up Program aimed at boosting Korea's stock market. Finance Minister Choi Sang-mok mentioned the possibility of introducing a director's duty of loyalty to shareholders and indicated that public opinions would be gathered before making a concrete decision. The head of the Financial Supervisory Service, Lee Bok-hyun, also emphasized the need for legal protection measures for minority shareholders, citing instances where corporate decisions have gone against investor interests and undermined trust in the capital market. In summary, the proposed bill to expand the responsibilities of company directors to include the interests of shareholders has sparked a heated debate, with business groups expressing strong resistance while financial authorities show support for the amendment, emphasizing the need to protect minority shareholders' interests.


Previous Post Next Post