채무자회생법상 자동중지제도의 입법 방안

Abstract

The Debtor Rehabilitation and Bankruptcy Act(Debtor Rehabilitation Act) provides the procedures for a debtor who is in economic bankruptcy or has a probability of bankruptcy to survive by filing for the Court. But the current Debtor Rehabilitation Act has many defects regarding the preservations of property for debtor companies. Therefore the government is in the process of introducing the Automatic Stay System as part of the improvement scheme. This study examines if the government’s proposal is reasonable enough. As it turns out that the current revision is more likely to present unsatisfactory outcome, the following reinforcements are suggested accordingly:First, the system has to operate on the basis of a clear definition on who would be eligible for its benefit to prevent confusion. Second, in order to prevent abusing of the new legislation, a protection system is needed for creditors so that they would not suffer an undeserved loss. Third, considering the current debtor rehabilitation proceeding being used as a hideout from illegal check control, the Automatic Stay system needs to stipulate an applicable regulation to alleviate such abuses. Proposed in the rest of the study is some detailed enforcement plans, including how much time should be given before the effectuation of the system.