통합도산법상 보전처분제도의 분석 (Preservative Measures in the Integrated Insolvency Law)

서지정보

· 발행기관 : 한국민사소송법학회
· 수록지 정보 : 민사소송 / 12권 / 2호 / 226 ~ 258페이지
· 저자명 : 김연

초록

By the Integrated Insolvency Law of Korea, whose formal name is Debtor Rehabilitation and Bankruptcy Act, provides that all of the properties of the debtor to be constructed a bankruptcy foundation from the time of adjudication of bankruptcy to perform his creditors’ rights. After the moment he cannot exercise his ownership about the properties till the bankruptcy process ended. But before the adjudication, in spite of high possibility of bankruptcy and the debtor’s illegal disposition, the debtor has the right as a righteous owner. The Law, to prevent creditors’ losses caused by the debtor’s indiscreet act, provides concerned persons to the case have rights to file reservative measures after filing bankruptcy case.
The Law has two more sets of preservative measures provisions due to its complex construction which has provisions about procedure of consumer’s reorganization and reconstruction of enterprises in addition to bankruptcy procedures. That means there are three sets of procedures about insolvency and preservation.
However, these three preservative measures differs from each other in various ways except main measures provided after Civil Execution Act. That’s because the law is not more than a product of physical integration of three insolvency procedures, and each procedures have different points which is derived from old laws before the integration.
This essay, therefore, is to study some questions about preservative measures in the Integrated Insolvency Law and suggests some solutions including to unify procedures as the name means.

영어초록

By the Integrated Insolvency Law of Korea, whose formal name is Debtor Rehabilitation and Bankruptcy Act, provides that all of the properties of the debtor to be constructed a bankruptcy foundation from the time of adjudication of bankruptcy to perform his creditors’ rights. After the moment he cannot exercise his ownership about the properties till the bankruptcy process ended. But before the adjudication, in spite of high possibility of bankruptcy and the debtor’s illegal disposition, the debtor has the right as a righteous owner. The Law, to prevent creditors’ losses caused by the debtor’s indiscreet act, provides concerned persons to the case have rights to file reservative measures after filing bankruptcy case.
The Law has two more sets of preservative measures provisions due to its complex construction which has provisions about procedure of consumer’s reorganization and reconstruction of enterprises in addition to bankruptcy procedures. That means there are three sets of procedures about insolvency and preservation.
However, these three preservative measures differs from each other in various ways except main measures provided after Civil Execution Act. That’s because the law is not more than a product of physical integration of three insolvency procedures, and each procedures have different points which is derived from old laws before the integration.
This essay, therefore, is to study some questions about preservative measures in the Integrated Insolvency Law and suggests some solutions including to unify procedures as the name means.

참고자료

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