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TITLE Supreme Court Decision 2015Da235841 Decided November 9, 2017【Perusal and Copy of Shareholder Registry】* First draft [full Text]
Summary
[1] Purpose and function of the right of request to peruse and copy a shareholder registry that is exercisable by shareholders and beneficial shareholders pursuant to Article 396(2) of the Commercial Act and Article 315(2) of the Financial Investment Services and Capital Markets Act
In a case where a beneficial shareholder requests to peruse and copy a registry of beneficial shareholders, whether Article 396(2) of the Commercial Act is analogically applicable (affirmative), and whether in such case the permissible scope of perusal and copy is confined to “matters indicated on the shareholder registry” under the Commercial Act (affirmative)
Whether the act of perusing and copying the registry of beneficial shareholders within the aforementioned scope is a violation of the Personal Information Protection Act (negative)
[2] Whether a company may reject a request from its shareholder or creditor to peruse and copy the shareholder registry (negative in principle), and, in such case, the burden of proof regarding the nonexistence of justifiable purpose of the request (i.e., company)
Whether such legal principle is equally applicable to cases where a right to request for the perusal and copy of the beneficial shareholder registry is acknowledged via analogical application of Article 396(2) of the Commercial Act (affirmative)
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