집중투표와 결합한 이사선임 주주제안 변형상정의 경우 주주권리 침해 여부 및 주주총회 결의의 효력

초록

This article analyzed the validity of shareholder resolution on director election when the shareholder proposal concerning director nomination is excluded improperly. In case where a shareholder proposal requesting increase on the number of board members and nominating director candidates is submitted with cumulative voting request, the author agrees with the court decision that the company is not allowed to submit it's own agenda denying election of additional directors. When the shareholder proposal is excluded in the above manner, the author suggests that the shareholder resolution replacing a retiring director is not valid contrary to the court decision.

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