회생절차가 소송 및 집행절차에 미치는 영향

Abstract

Among the three bankruptcy procedures (rehabilitation, liquidation, and personal rehabilitation), the "rehabilitation“ procedure (part 2 of the Debtor Rehabilitation Act) to be studied with here is a Reconstruction-type procedure used by "non-individual debtors" and individual debtors with a certain amount or more debt. Therefore, the Liquidation-type (part 3 of the Act) process and the "personal rehabilitation" procedure (part 4 of the Act) applied by wage earners and business earners with debts of less than 1 billion won in collateralized debt and 500 million won in other debt are not subject to discussion. If the rehabilitation procedure, a collective solution, is carried out, there will be a conflict with the litigation and enforcement proceedings, which are individual solutions, in legal practice. With regard to the interrelationships in which the two settlement procedures collide, i.e. the effect of the rehabilitation procedures on different procedures (binding force and non-binding of the procedures), the application for commencement of the rehabilitation process and the preservation trial (command for conservation and conservative management), the impact of the two individual suspension and cancellation orders and comprehensive prohibition orders, from the commencement decision, prior to the approval of the rehabilitation plan, and from the approval decision of that plan to the end of the rehabilitation procedures, we studied step by step the collision entity of each proceeding phases .