채무자회생ㆍ파산제도의 운용상 문제점과 개선방안

Abstract

The debtor rehabilitation and bankruptcy system is an effective rehabilitation of the debtor and the creditors' legal relations by adjusting the legal relations of interested parties, such as creditors, for individual debtors who are facing bankruptcy due to financial difficulties and who are likely to obtain income continuously or repeatedly in the future. This is a procedure designed to promote profit. The integrated bankruptcy procedure is a system that has an important meaning in restoring the financial transaction order through liquidation or rehabilitation of debtors who are in financial bankruptcy and furthermore, allowing the market economic order to function smoothly. It is very important to ensure that individual debtors, who are burdened with heavy debts, are smoothly rehabilitated through the debtor rehabilitation procedure, not only for the realization of the individual's human life and the right to pursue happiness, but also for the stability and development of the national economy. About 15 years have elapsed since the 「Debt Rehabilitation and Bankruptcy Act」 (Act No. 7428 on March 31, 2005) was enacted and enforced the following year. Research results have been accumulated considerably in foreign countries such as Japan and the United States. There is a need to come up with measures to improve current debtor rehabilitation and bankruptcy procedures by reviewing these research results and domestic discussions on the debtor rehabilitation/bankruptcy system. The individual rehabilitation procedures currently in place have their own roles and functions, but there are some institutional improvements to be made. First, there should be an improvement in the system for the stability of individual housing by incorporating the mortgage loan bond into the individual rehabilitation procedure. Second, improvement measures related to the principle of input of available income must be prepared. Third, improvement measures related to the principle of providing the minimum amount of repayment must be prepared. It is necessary to provide the convenience of individual rehabilitation procedures to individual overburdened debtors through such institutional improvement, while providing support from the state so that individual overburdened debtors can quickly complete the rehabilitation process while maintaining a human-like standard of life.