scholarly journals Corporate Governance from a Comparative Perspective: Specific Applications of the Duty of Loyalty in Korea

2004 ◽  
Vol 22 (1) ◽  
Author(s):  
Jae Yeol Kwon
Author(s):  
Helmut K. Anheier ◽  
Christoph M. Abels

In a broad sense, corporate governance describes the mechanisms, relations, and processes through which the interests of a corporation’s stakeholders are balanced. Yet, corporate governance is not limited to companies but can be found in international organisations, philanthropic foundations, and social enterprises, among other organisational forms. This chapter outlines the volume’s comparative approach that highlights the diversity of corporate governance across different forms and fields. Starting with the financial crisis, the chapter discusses the legal foundation of corporate governance regimes and introduces the relevant laws and codes as well as prominent indicators to measure the quality of governance in corporations. Afterwards, the book’s chapters are briefly introduced and connected to the volume’s overarching interest.


Author(s):  
Paul Davies

This chapter deals with the board. It analyses the rationales, within different types of company, for the division of powers between (a) the shareholders and the board, and (b) the board and the senior management of the company. The second part of the chapter shows how the rules on the composition of the board (mainly to be found in the Corporate Governance Code) and the directors’ statutory core duty of loyalty fashion the accountability of the board. That accountability is primarily to the shareholders, but non-shareholder interests are recognised, in different ways, in both the Code and the statutory duty.


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