소멸시효가 완성된 채권의 추심- 채권의 공정한 추심에 관한 법률의 관점에서 -

Abstract

Due to the quantitative expansion of the financial industry and the occurrence of bad debts, the debt buying business has increased sharply. As a consequence, illegal debt collection increased and became a social problem. Especially, a debt collector often misleads the debtor in a deceptive manner to pay the debt whose extinctive prescription is completed. The collection of the debt with extinctive prescription completed is not prohibited under the Civil Code of Korea. However, if deceptive or illegal behavior is engaged in the process of collection, it should be regulated in a timely manner. Moreover, most of the debtor, who suffer from deceptive or illegal collection, is a debtor of a small money lending transaction. In this regard, it is necessary to prepare a strong countermeasure against collection of the debt with extinctive prescription completed in order to protect the debtor as well as ensure the soundness of the financial industry. From this point of view, it is encouraging that the amendment bill of the Fair Debt Collection Act of Korea was submitted to the National Assembly. Under this amendment bill, collection or transfer of the debt with extinctive prescription completed is banned. Additionally, the debt collector has the duty to inform the debtor if extinctive prescription of the debt is completed. Moreover, abandonment, by the debtor, of benefits from completeness of extinctive prescription of the debt, will be void and null if the debtor is not aware that extinctive prescription of the debt is completed. This amendment bill should be passed at the National Assembly as soon as possible to protect the debtor from deceptive or illegal collection of the debt and help financial industry establish sound debt collection practices.