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Commercial Act — Article 340-3 (Granting Stock Option)

상법 제340조의3

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) The following matters shall be stated in the articles of incorporation concerning a stock option as referred to in Article 340-2 (1):

1. An intent that a stock option may be granted in particular cases;

2. Classes and the number of shares to be issued or transferred in cases of exercising the stock option;

3. Qualifications of a person to whom the stock option is to be granted;

4. Exercising period of the stock option;

5. An intent that the granting of the stock option may be cancelled by a resolution of the board of directors in specified cases.

(2) In adopting, at the general meetings of shareholders, a resolution concerning the granting of a stock option as referred to in Article 340-2 (1), the following matters shall be determined:

1. The names of persons who are to be granted the stock option;

2. The methods of granting the stock option;

3. Matters concerning the price for exercising the stock option and an assessment thereof;

4. The period for exercising the stock option;

5. Classes and the number of shares to be issued or transferred, in cases of exercising the stock option, to each of the persons to be granted the stock option.

(3) A company shall enter into a contract with an optionee who has been granted a stock option by a resolution of a general meeting of shareholders as referred to in paragraph (2) and shall prepare a contract thereon within a reasonable period of time.

(4) A company shall retain the contracts under paragraph (3) at its principal office until the expiration of the period for exercising the stock option and make them available to the shareholders for perusal during its business hours.[This Article Newly Inserted by Act No. 6086, Dec. 31, 1999]

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