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Commercial Act — Article 368-4 (Exercise of Voting Rights by Electronic Means)

상법 제368조의4

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) A company may determine that a shareholder may exercise an absentee vote by electronic means, through a resolution of the board of directors.

(2) Where a company gives a notice of convocation pursuant to Article 363, it shall notify that each shareholder may exercise his/her voting rights by such means as referred to in paragraph (1). <Amended by Act No. 12591, May 20, 2014>

(3) Where a company has determined the exercise of voting rights by electronic means under paragraph (1), each shareholder shall exercise their voting rights, as prescribed by Presidential Decree, including procedures for identifying the shareholders. In such cases, the company shall provide each shareholder with documents and reference materials necessary to exercise their voting rights by electronic means.

(4) Where a shareholder exercises his/her voting right in the same share under paragraph (1) or Article 368-3 (1), he/she shall choose to do so either in writing or by electronic means.

(5) A company shall retain electronic records on the exercise of voting rights for public inspection at the head office for three months from the closing of a general meeting of shareholders and shall preserve the same records for five years from the closing of a general meeting of shareholders.

(6) Procedures for exercising voting rights by electronic means, including procedures for identifying the shareholders, and other necessary matters shall be prescribed by Presidential Decree.[This Article Newly Inserted by Act No. 9746, May 28, 2009]

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