Opt-out

The term opt-out (사후적 선택 제외/除外), in a narrow sense, refers to several methods by which individuals can avoid receiving unsolicited product or service information. This ability is usually associated with direct marketing campaigns such as telemarketing, e-mail marketing, or direct mail.

The opposite ability is opt-in (사전적 선택/選擇).

Key words
opt-in, opt-out, privacy protection, telemarketing, direct marketing, articles of incorporation

Privacy protection
A data subject may, by clicking the "opt-out" button, prevent his/her personal information from being collected by Internet service providers or telemarketers.

To this end, such countries as the United States, United Kingdom, Canada, Australia, etc. have created the Do Not Call Registry to reduce the telemarketing calls or unsolicited e-mails.

Corporate choice
This term is more often than not used in the Commercial Act to indicate a company may elect other provision in its articles of incorporation than the standard clause contained in the Commercial Act. In these cases, the company may opt out the provision of the Commercial Act.

These are some examples:
 * Article 291 (Determination of Matters concerning Issuance of Shares at Time of Incorporation)
 * In connection with the shares to be issued at the time of incorporation, unless otherwise provided in the articles of incorporation, the following matters shall be determined with the unanimous agreement among the promoters:
 * 1. Class and number of shares;
 * 2. If the company is to issue shares at the price higher than the par value, the number of such shares and the price; and
 * 3. If the company is to issue shares with no par value, the issuing amount of such shares and the portion to be listed as paid-in capital from such issuing amount.


 * Article 364 (Convening Venue) Unless otherwise provided in the articles of incorporation, a general meeting shall be convened at the place of the principal office or at some place adjacent thereto.
 * Article 382-2 (Cumulative Voting)
 * (2) Where a general meeting of a company is convened to elect two directors or more, shareholders who hold no less than 3/100 of the total issued shares excluding nonvoting shares may request that the company elect directors by means of a cumulative vote, except as otherwise prescribed by the articles of incorporation.


 * Article 391 (Board of Directors Resolution Methods)
 * (1) 이사회의 결의는 이사 과반수의 출석과 출석이사의 과반수로 하여야 한다. 그러나 정관으로 그 비율을 높게 정할 수 있다.
 * (2) 정관에서 달리 정하는 경우를 제외하고 이사회는 이사의 전부 또는 일부가 직접 회의에 출석하지 아니하고 모든 이사가 음성을 동시에 송수신하는 원격통신수단에 의하여 결의에 참가하는 것을 허용할 수 있다.