A shareholder's proposal can be made by shareholders with a certain level of stake.
※ Shareholders who hold no less than 3 percent of the total number of issued and outstanding shares excluding shares without voting rights
Shareholders may request 6 weeks prior to the General Meeting of Shareholders(GMS)*, both in written or in electronic document, a certain proposal item to be submitted as a GMS agenda. Shareholders may also request that the proposed item be included in the notice for GMS.* In case of Annual Meeting of Shareholders, the date of the event in the previous year
If there is a shareholder’s proposal, the company should report it to the Board of Directors(BOD), and the BOD shall submit this proposal to the GMS, except in cases where the contents of the shareholders’ proposal violate laws or the company’s articles of association and in the cases described below under Article 12 of the Enforcement Decree of the Korean Commercial Act.
- 1. Where a proposal is resubmitted within three years from the date on which the proposal with the same contents was rejected because it obtained less than 10% of approval at a GMS;
- 2. Where the proposal concerns a shareholder's personal grievance;
- 3. Where the proposal concerns a matter that require the shareholders to hold shares in excess of a certain ratio to exercise such minority shareholders' rights;
- 4. Where the proposal concerns a matter that involves the removal of incumbent director (whose period of service has not expired);
- 5. Where the proposal concerns a matter that the company is unable to materialize, or is based on an evidently false grounds, or defames a particular person.
If a shareholder's proposal has been made, the shareholder who made the proposal shall, on his/her request, be given an opportunity to explain the proposal at a GMS.
All other matters are subject to Korean Commercial Act or other related laws.