기업구조조정의 적시성 극대화를 위한 입법론적 연구 - 기업활력제고를위한특별법, 이른바 원-샷(One Shot)법을 중심으로 -

Abstract

In the 21st century, Korea is at the forefront of allegory as a definitely advanced country. And the real allegory of the Korean industry demands not only a separation with Catch-Up Strategy, but also a transition to a First Mover Strategy. However, since each country or individual industry has its own business cycle, the processes of ‘separation’ and ‘conversion’ can not be simultaneously manifested. In the case of the former, it is necessary to minimize the needs of the existing main industries, and in the case of the latter, it is necessary to maximize possible fostering of new industries. Indeed, since the birth of the Abe regime in December 2012, Japan has been using fiscal policy·financial policy·growth policy to make a leap from the long-term recession of the ‘lost 20 years’ to the period of convalescence and growth, and a legislation reflecting the economic reality is Industrial Competitiveness Enhancement Act, and this is a legislation to help maximize the upbringing of new industries. On the other hand, the economic reality of the Republic of Korea in 2016 is a situation which has to overcome the supersaturation of the five major industries-automobile, petrochemical, steel, shipbuilding and semiconductor industries, and a legislation for helping minimize the needs for existing mainstream industries is desperate. Nonetheless, our policy makers have tried to break through the economic crisis of Korea by imitating Japan's Industrial Competitiveness Act, and the legislative illegitimate child who suddenly appear to hold hands is called One Shot Law. For this, this paper insist that First, by revising the legislative purpose clause of One Shot Law, this law is a system to help minimize the needs of existing mainstream industries, Second, the requirement clause to innovate One Shot Law should be deleted, so that companies that are suffering from decline of profitability should not be forced to make more decisions than structural restructuring, and the responding·replaying time of the Gray Zone Area Clause should be significantly reduced, Third, it is necessary to abolish the special system of One Shot Law which is in line with the quantitative easing policy, and block the policy failure based on the financial ruin. In addition, in this argument, it is anticipated that if One Shot Law aims at maximizing the timeliness of restructuring and achieves institutional evolution as described above, Korea in the 21st century will be able to complete the separation with the pursuit strategy and prepare for the transition to a leading strategy. It also explains that the legislative independence and independence of One Shot Law should also be restored through this.