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자본시장법상 신의성실공정의무에 관한 고찰

Author
오성근
Journal Title
증권법연구
Publication Year
2014
Topics
Summary

The Duty of Good Faith and Fairness for financial investment business operators in Article 37 of the Capital Markets Act is the legalization of the principle of honesty and fairness among the 7 principles of conduct published by IOSCO, contributing to international regulatory harmonization. This duty is based on the sign theory and trust theory established in the Hughes case in the United States, and recently tends to converge on the trust theory. The study concludes that, rather than applying independent legal principles in Korea's legal system, the effectiveness of the Duty of Good Faith and Fairness provision should be secured through active discussion and consensus within academia.

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자본시장법상 신의성실공정의무에 관한 고찰 A Study on the Duty of Good Faith and Fairness under the Korea’s Financial Investment Services and Capital Markets Act

오성근 · 2014

증권법연구

투자중개⋅매매업자의 주의의무에 관한 연구－미국 Broker⋅Dealer의 의무를 참조하여－

김용재 · 2013

증권법연구

투자중개⋅매매업자의 주의의무에 관한 연구－미국 Broker⋅Dealer의 의무를 참조하여－ A Study on the Duty of Broker⋅Dealer Modeled on the U nited State’s Counterpart

김용재 · 2013

증권법연구

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