기업지배구조론의 회생기업에 대한 적용방안

Abstract

Upon abolishing the previous reconciliation system, The Debtor Rehabilitation And Bankruptcy Act("Debtor Rehabilitation Act") embraced the DIP System of American Bankruptcy Act, which designates an existing manager as the supervisor. Nevertheless, this system must be, in essence, investigated for its desirability in the aspect of the corporate governance system. In particular, the OECD has endeavored in various ways for each member nation to furnish a desirable corporate governance system, but yet failed to disclose an apparent position for the company which filed a Rehabilitation proceeding in the court. The OECD instead puts forward a precise system which must be equipped in the aspect of the governance system, when the company is on verge of bankruptcy; moreover, the corporate governance system must be supplemented by the bankruptcy system and the exercise of rights by the debtor. The rehabilitation proceeding takes in content updates of the rights of conflicting interest groups such as secured creditor, unsecured creditor, stock holder, etc. Hence, this article explores three viewpoints of the guarantee for fairness and equitability and the guarantee for management efficiency with respect to the way in which to implement the corporate governance system for Rehabilitation companies, and the amendment for court's control system.