자본시장법상 위법행위 정지명령 및 금지명령제도 실현방안

소개글

자본시장법상 위법행위 정지명령 및 금지명령제도 실현방안에 대한 보고서 자료입니다.

목차

Ⅰ. 서론
Ⅱ. 미국의 입법례
Ⅲ. 일본의 금지명령제도의 도입현황
Ⅳ. 자본시장법상 금지명령 및 정지명령제도 실현방안
Ⅴ. 결론

본문내용

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Marc I. Steinberg, 「Understanding Securities Law」, 2nd ed, 1996.
[Abstract]
Study the cease-and-desist order and injunction against the law violates the introduction of the Act on Capital Markets and Financial Investment
The current capital market laws and regulations violation of the law and the regulatory framework for unfair trade practices are proactive and aggressive adjustment by regulators feature it is hardly, and is focused on post-caught and punished since the laws violations and unfair trade practices is made. Therefore, in our capital markets to maintain a fair market order and protect investors from complementary dimensions of ex post regulation means regulation methods it will be diversified by introducing a proactive regulatory measures.
In this paper, we argue the necessity of the injunction and the court system introduced by the stop command by the regulatory authorities taking into account the ipbeoprye in the United States and Japan. If the US is going to complement each other and operate a stop command and injunction of the advantages and disadvantages of different institutions the subject of enforcement. It also properly take advantage of the ancillary remedies such as unjust enrichment and restitution of the system to ensure the effectiveness of the simplification of procedures and the maintenance of means to enforce the injunction. Through this, it is gaining the trust of investors and the stability of the capital markets. In the case of Japan, it had remained with the injunction of the US system as a model system was introduced at the time of the injunction enacted the Securities Exchange Act of 1949 \"sword in the scabbard \'institutional environment and inexperienced as operational. In recent years, however, \"it does not tug sword,\" while recognizing the effect of increasing the chosen example of an injunction issued by a court in the results of institutional reform law. These changes related to a series of injunctions in Japan is still prohibited because Donna myeongryeongje give a lot of implications for the country does not stop order system will be introduced to reduce the trial and error Sanya learn from your efforts to introduce such a future system.
Key-Word: cease-and-desist order, injunction, Act on Capital Markets and Financial Investment, Financial Instruments and Exchange Act

키워드

자본시장법,   정지명령,   위법행위 금지명령,   위법행위 유지청구권,   금융상품거래법