Earticle

초록

영어

In Republic of Korea, the publicity of security rights in personal property except for high value property such as vehicles, construction equipments, ships and aircraft as well as intellectual property including copyright, trademark, patent has not worked efficiently to notify the existence of security rights to third parties.
The problems of existence of secret security rights and high risk subject to other claims may be raised in Korean secured transactions, because publicity has not been functioned as designed to protect the third parties from other potential rights on the same encumbered assets. In the result of high risk, the cost of secured transactions has been high and the flexibility of currency
circulation has rarely been found in Korean secured transactions. In order to solve these problems, law reform of secured transactions in Korea should be considered to introduce new movables security rights registry system.
The pledge is not useful to attach security rights on inventory, equipment or other most goods because it deprive grantor of a possession. Factory foundation mortgage or mine foundation mortgage is rarely used as a consequence of the defectiveness in itself with the complicated registration procedure, so they must be abolished.
With the above reasons, even though transfer of title or retain of title should be able to play the role of security right on personal property in Korean economy, they hardly function as a security right because the publicity mode, indirect possession of them, can not present any essential information regarding the existence of security rights on the collateral. Therefore indirect possession should be replaced as another publicity mode that gives the necessary information in connection with secured transactions.

목차

Ⅰ. 序論
 Ⅱ. 人的財産擔保權의 公示方法
  1. 動産을 目的으로 하는 擔保權의 公示
  2. 債權을 目的으로 하는 擔保權의 公示
  3. 工場 또는 知的財産權을 目的으로 하는 擔保權의 公示
 Ⅲ. 人的財産擔保權 公示方法의 非公示性 등
  1. 擔保權 公示方法의 非公示性
  2. 擔保權 公示方法의 現實不適合性
  3. 工場抵當權 등에서 登錄의 煩雜性 및 制限性
 Ⅳ. 人的財産擔保制度의 沈滯
  1. 公示方法의 非公示性으로 인한 沈滯
  2. 公示方法의 現實不適合性으로 인한 沈滯
  3. 登錄節次의 煩雜性· 費用過多로 인한 沈滯
  4. 擔保附社債信託制度의 沈滯
 Ⅴ. 結論
 참고문헌
 

키워드

저자

• 고준석 [ Ko, Jun-Seok | 전주대학교 법정학부 교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340