회생계획안의 사전제출제도(P-PLAN) 최초 인가사례 실무연구 - 창원지방법원 2017회합10023 ㈜성우엔지니어링 사건 -

Abstract

Article 223 of Debtor Rehabilitation and Bankruptcy Act provide for the ‘Prior Submission of Rehabilitation Proposal(Pre-Packaged Plan)’. Changwon District Court made a decision to grant authorization of the rehabilitation plan and discontinue the rehabilitation procedures, for this case(2017회합10023) after about six months of proceedings. This case is Leading Case of Pre-Packaged Plan: the First Authorization and the First Discontinuation. This thesis introduces and researches this case of Pre-Packaged Plan as the following steps: STEP 1: Application Filed for Commencing STEP 2: Decision on Commencement STEP 3: Authorization, Implementation and Discontinuation STEP 4: Other Issues According to the research of this thesis, it is considered that the required period for the rehabilitation procedures(STEP 1 ~ STEP 4) of Pre-Packaged Plan is about 3 months appropriately. A debtor undergoes enormous trouble to sales and new investments because of the rehabilitation procedures itself. Therefore, the promptness and efficiency of the procedures should be emphasized first. Nevertheless, the rehabilitation procedures is essentially a judicial procedure for the fairness. The conflict structure between promptness, efficiency and fairness is one of the reasons that make it difficult for smooth progress of the procedures. Pre-Packaged Plan has the potential to be an alternative to solve the conflict structure.