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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Bankruptcy is defined as 'the judicial process which has an objective to distribute the remaining finances fairly according to the debt proportion to all the creditors by managing and converting the overall assets of the debtor or by using a forceful means of national authority as a legal measure for taking care of situations where the debtor is financially incapable of completing his obligation to the creditor because of his financial ruin'.
Consumer bankruptcy is an idiomatic expression rather than a legal term and refers to a situation where "non-business related people such as salaried workers, housewives, or students filing for individual bankruptcy as a result of over-exceeding their limits by purchasing products or borrowing money as consumers in their economic activity and falls into a situation where he or she is unable to complete their debt obligation even after liquidating all their assets."
In the case of Korea, the bankruptcy system was rarely used but with the recent economic crises, not only the corporations but individuals have reached financial ruins. With such development, the bankruptcy system has come to be in the limelight in the name of consumer bankruptcy. In other words, when individuals came to a stage where they are unable to accomplish their financial obligations, the creditors exercised their own rights or in some cases formed their own board to act in a group in a private transactional process up to now. The systematic bankruptcy process was almost never used, but in recent times, the debtors themselves have come to focus on the discharge clause according to the bankruptcy law and have increasingly been filing for bankruptcy. Consumer bankruptcy is so common as to occupy most of the bankruptcy cases in developed countries such as Japan and United States. However, in Korea, the system was unfamiliar not only to the general public but to legal professionals as well. With the recent rapid expansion of consumer credit or the consumer finances, the consumers who are responsible for extensive debts have come to pay their attention to 'self-declared bankruptcy' or 'consumer bankruptcy'. Issues pertaining to consumer bankruptcy has started being taken seriously especially with the enforcement of the personal debt relief program under the personal debtor relief law which was launched in March of 2005. Furthermore, the 'Integrated Bankruptcy Law'(law pertaining to debt relief as well as bankruptcy) which is expected to take effect in March of 2006 also has rules and regulations on consumer bankruptcy and debt discharge which makes it perceivable for the consumer bankruptcy to become considerably active in the near future.
This paper first looks into the present bankruptcy discharge system related to consumer bankruptcy and the issues and resolutions of the surplus debt discharge system. It is hoped that this paper would throw some light on Korea's future directions and management of the consumer bankruptcy system.
Consumer bankruptcy is an idiomatic expression rather than a legal term and refers to a situation where "non-business related people such as salaried workers, housewives, or students filing for individual bankruptcy as a result of over-exceeding their limits by purchasing products or borrowing money as consumers in their economic activity and falls into a situation where he or she is unable to complete their debt obligation even after liquidating all their assets."
In the case of Korea, the bankruptcy system was rarely used but with the recent economic crises, not only the corporations but individuals have reached financial ruins. With such development, the bankruptcy system has come to be in the limelight in the name of consumer bankruptcy. In other words, when individuals came to a stage where they are unable to accomplish their financial obligations, the creditors exercised their own rights or in some cases formed their own board to act in a group in a private transactional process up to now. The systematic bankruptcy process was almost never used, but in recent times, the debtors themselves have come to focus on the discharge clause according to the bankruptcy law and have increasingly been filing for bankruptcy. Consumer bankruptcy is so common as to occupy most of the bankruptcy cases in developed countries such as Japan and United States. However, in Korea, the system was unfamiliar not only to the general public but to legal professionals as well. With the recent rapid expansion of consumer credit or the consumer finances, the consumers who are responsible for extensive debts have come to pay their attention to 'self-declared bankruptcy' or 'consumer bankruptcy'. Issues pertaining to consumer bankruptcy has started being taken seriously especially with the enforcement of the personal debt relief program under the personal debtor relief law which was launched in March of 2005. Furthermore, the 'Integrated Bankruptcy Law'(law pertaining to debt relief as well as bankruptcy) which is expected to take effect in March of 2006 also has rules and regulations on consumer bankruptcy and debt discharge which makes it perceivable for the consumer bankruptcy to become considerably active in the near future.
This paper first looks into the present bankruptcy discharge system related to consumer bankruptcy and the issues and resolutions of the surplus debt discharge system. It is hoped that this paper would throw some light on Korea's future directions and management of the consumer bankruptcy system.
목차
Ⅰ. 머리말
Ⅱ. 消費者破産의 意義
Ⅲ. 破産者 免責節次
Ⅳ. 破産者 免責制度의 檢討事項
Ⅴ. 맺음말
參考文獻
ABSTRACT
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