Earticle

초록

영어

Individual debtor rehabilitation procedure is a legal system of designed for the effective rehabilitation and new start of individual debtors facing the financial difficulties though expected continuous or repeated future employment income or business income by adjusting the debt relations of both parties interested. Although a lot of pain involved such as to create a complex application forms and their compensation and to perform the long-term repayment plans, individual rehabilitation procedure which adjusts the interests of both parties of the debtor and creditors together to promote their interests is more just than individual bankruptcy proceedings. It should go through complicated procedures such as the authorization of repayment plans etc. But the bankruptcy court is favorable and going to guide to use this rehabilitation process active. In this article, we've seen an overview of the contents of individual rehabilitation procedure which performed after 6 and a half years have passed, and its philosophy and characteristics and its development process, especially compared with other bankruptcy procedures. Also we looked into many of the current personal rehabilitation issues, especially the pros and cons debate on the necessity of introduction of the "automatic stop" system, and Byeoljegwon (Absonderungsrecht, covered bonds) and its problems, the issuing of debt certificates, exemption or moratorium on the guarantor's liability, a joint application system of a couple, streamline of mutual conversion between insolvency procedures. For many such institutional issues, we have searched and thought out more effectiv ways to improve this procedure. In order to prevent individual debtors from showing an inclination toward individual bankruptcy and application for the exemption from responsibility, concealing their properties, and to increase the application of high valued individual rehabilitation procedure, the upgrade of this system and its operation is strongly required.

목차

I. 처음에
 II. 개인회생절차의 이념과 특성
 III. 개인회생절차의 문제점과 개선방향
 IV. 마치면서
 참고문헌
 Abstract

키워드

개인채무자회생 개인파산 법정(法廷) 도산절차 청산가치 총변제액의 현재가치 변제계획 중지명령 금지명령 자동중지제도 individual debtor rehabilitation individual bankruptcy court-supervised insolvency procedure liquidating value present value of total repayment repayment plan stay order injunction automatic stay system

저자

• 엄덕수 [ Deoxu Eom | 대한법무사협회 법제연구소장, 법학박사 ]

참고문헌

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