중소자영업자의 금융 접근성 강화를 위한 동산담보 개선방안에 관한 연구

Abstract

An ‘ACT ON SECURITY OVER MOVABLE PROPERTY, CLAIMS, ETC’ was enacted in 2010 to promote to finance movable assets as collateral, which was implemented in June 2012. Despite such efforts from the government in Korea, the financial method of Movable Asset-Based-Lending(“MABL”) has not been practically utilized by financial institutions to support small and medium sized businesses(SMBs) run by individuals. As an economic situation becomes worsen due to the aftermath of COVID-19, we should consider to vitalize the financing access to SMBs by way of improving the method of MABL. An initial step to enhance the financing access to SMBs is to provide an opportunity to utilize the method of MABL especially for SMBs without a registered trade name in the Public Registration System in Korea. The second step is to abolish a mandatory restriction of a five-year duration of collateralizing movable assets for SMBs, which can operate and manage funds prospectively and stably. The third step is to introduce a collective collateral to diversify financing schemes. The fourth step is to enhance the right protection of collateral holders by arranging any action which shall punish loses or damages by a debtor against collateralized assets, and allocating dividends without any request in the legal process such as court auction. The final step is to regulate a condition of private sales concretely that would be implemented in a publicly operated trading marketplace such as the online bidding system, ONBID(www.onbid.co.kr). It is highly likely to encounter a surge of emergency funding demands by SMBs in the near future after the Post COVID-19, which will suffer from a lack of financial liquidity. Thus, we need to take efficient measures in advance to prevent various financial difficulties. I suggest a revision of the ‘ACT ON SECURITY OVER MOVABLE PROPERTY, CLAIMS, ETC’ a bid to resolve limitatiions of the Act for enhancing the financing access to SMBs.