지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Since December, 1997, after the IMF financial crisis, Korea has been trying to enact an unified bankruptcy law to systemize the insolvency law of Korea. However, the lack of professionalism of the 16th National Assembly and the unproductive confrontation between the ruling party and the opposition parties led to the failure of the deliberation on the bill of the unified bankruptcy law which had been presented in February 2003.
In this situation, as the problem of debt defaulters became more serious, the Legislation and Judiciary Committee decided to separate the individual debtors' adjustment issue from the bill and then the National Assembly's subcommittee and the plenary session deliberated on the bill and passed a resolution on it on March 2, the last day of the 245th extraordinary session. This Act was promulgated on March 22 as the Act No. 7198 and is scheduled to be effective as of September 22, 2004.
However, together with the Act, the unsystematic and sporadic operation of other programs which have been already or about to be launched such as the program for debt defaulters, the individual credit recovery assistant program, multiple debtors support program, or the government driven Bad Bank system are confusing even workers of financial institutes or experts as well as debt defaulters.
In this context, it is very meaningful to review the Individual Debtors' Adjustment Act and to examine its contents and problems in order to find out an efficient method to operate it.
So this thesis examines the basic structure and the problems of the Act. Firstly, the basic structure deals with 1) the application procedure 2) the court trial 3) the decision on the commencement of the proceeding 4) the rights of the interested parties 5) the approval and implementation of the payment plan 6) the end of the proceeding.
Secondly, the problems pointed out in this thesis are that the scope of the debtors to which this Act is applicable are not clearly defined, that there is need to reinforce the structure and personnel of courts in preparation for enforcement of this Act, that although the right of secured parties is protected by the priority payment right, it is not clear whether it can still be limited by a preservative measure. And since when the commencement of the proceeding is decided, an auction for exercising security rights is prohibited or shall be stopped (Article 60, Paragraph 2), in result, the exercise of the security right is limited, that the fact that the application of the denial rights under the Bankruptcy Law to this Act is repugnant to the purpose of this Act, that the rights of creditors are excessively limited because no consent or decision procedure is required for the payment plan bill and finally that the Act is not closely connected with the individual workout system which is operating now.
It is my hope that this Act will operate properly so that it may become an opportunity for rehabilitation for individual debtors and make it possible for creditors such as financial institutes to guarantee their credits and rights. Furthermore I hope that this Act will contribute to the development of national economy through the establishment of orders in individual credit system as well as financial transaction.
In this situation, as the problem of debt defaulters became more serious, the Legislation and Judiciary Committee decided to separate the individual debtors' adjustment issue from the bill and then the National Assembly's subcommittee and the plenary session deliberated on the bill and passed a resolution on it on March 2, the last day of the 245th extraordinary session. This Act was promulgated on March 22 as the Act No. 7198 and is scheduled to be effective as of September 22, 2004.
However, together with the Act, the unsystematic and sporadic operation of other programs which have been already or about to be launched such as the program for debt defaulters, the individual credit recovery assistant program, multiple debtors support program, or the government driven Bad Bank system are confusing even workers of financial institutes or experts as well as debt defaulters.
In this context, it is very meaningful to review the Individual Debtors' Adjustment Act and to examine its contents and problems in order to find out an efficient method to operate it.
So this thesis examines the basic structure and the problems of the Act. Firstly, the basic structure deals with 1) the application procedure 2) the court trial 3) the decision on the commencement of the proceeding 4) the rights of the interested parties 5) the approval and implementation of the payment plan 6) the end of the proceeding.
Secondly, the problems pointed out in this thesis are that the scope of the debtors to which this Act is applicable are not clearly defined, that there is need to reinforce the structure and personnel of courts in preparation for enforcement of this Act, that although the right of secured parties is protected by the priority payment right, it is not clear whether it can still be limited by a preservative measure. And since when the commencement of the proceeding is decided, an auction for exercising security rights is prohibited or shall be stopped (Article 60, Paragraph 2), in result, the exercise of the security right is limited, that the fact that the application of the denial rights under the Bankruptcy Law to this Act is repugnant to the purpose of this Act, that the rights of creditors are excessively limited because no consent or decision procedure is required for the payment plan bill and finally that the Act is not closely connected with the individual workout system which is operating now.
It is my hope that this Act will operate properly so that it may become an opportunity for rehabilitation for individual debtors and make it possible for creditors such as financial institutes to guarantee their credits and rights. Furthermore I hope that this Act will contribute to the development of national economy through the establishment of orders in individual credit system as well as financial transaction.
목차
Ⅰ. 序論
Ⅱ. 個人債務者回生法의 基本構造
Ⅲ. 個人債務者回生法의 問題點
Ⅳ. 結論
[Abstract]
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
채무자회생법과 노동법의 관계
노동법학
2010 .09
-
채무자회생법상 자동중지제도의 입법 방안
경영법률
2013 .01
-
현행 개인회생제도의 운용상 문제 및 개선방안
중앙법학
2013 .12
-
업체탐방-(주)ACTS
프린팅코리아
2002 .01
-
소비자파산절차 및 면책절차의 개선방안에 대한 고찰
원광법학
2013 .01
-
회생절차 개시 전 채무자 재산 보전 방안에 관한 연구 : 자동중지제도의 도입을 중심으로
기업법연구
2011 .03
-
통합도산법상 임금채권의 보호
노동법논총
2013 .12
-
회생절차에서의 부인권
동아법학
2008 .08
-
채무자회생 및 파산에 관한 법률안의 주요내용과 개선방안
국제회계연구
2003 .10
-
2017년 도산법 중요 판례
인권과 정의
2018 .01
-
채권양도행위의 사해행위취소시 채무자에 대한 통지 여부 - 2015. 11. 17. 선고 2012다2743 판결 -
法學論文集
2017 .01
-
채무자회생법상 자동중지제도 도입의 필요성과 정당성
외법논집
2013 .01
-
공적(公的) 채무자 구제제도 선택 지연 메커니즘: 경쟁위험분석(Competing Risks Analysis) 결과를 중심으로
정책분석평가학회보
2019 .12
-
中國의 金融改革과 擔保制度
기업법연구
2003 .03
-
債權執行에 있어서 第3債務者의 陳述義務
경영법률
2007 .01
-
기업회생절차에서 자동중지제도의 도입에 관한 소고
경영법률
2012 .01
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2009-360-016009189