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Commercial Act — Article 385 (Removal)

상법 제385조

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 director may be removed from office at any time by a resolution adopted at a general meeting of shareholders under Article 434: Provided, That where the term of office of a director has been determined and his/her removal is made without good cause before the expiration of his/her term of office, he/she may file a claim for damages caused thereby against the company.

(2) If the removal of a director is rejected at a general meeting of shareholders, despite the director having engaged in inappropriate activities or any grave fact in violation of any statute or the articles of incorporation in relation to the performance of his/her duties, a shareholder who holds no less than three percent of the total number of issued and outstanding shares may request the court to remove the director, within one month from the date of adoption of the above resolution by the general meeting of shareholders. <Amended by Act No. 5591, Dec. 28, 1998>

(3) The provisions of Article 186 shall apply mutatis mutandis in cases falling under the preceding paragraph.

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