종속회사의 파산과 지배회사의 책임 -종속회사 채권자의 보호방안을 중심으로-

Abstract

This article aims to describe about subsidiary corporation creditor can claim certain right against parent corporation and the director regarding subsidiary corporationꡑs bankruptcy. Corporate creditor should be protected more because own right has a lot of possibility to be infringed in the corporate groups than individual corporation. Because it tends to consider group whole profit or parent corporationꡑs profit more preferentially than subsidiary corporationꡑs profit. When subsidiary corporationꡑs bankruptcy occurs by inadequate capitalization or unfair interference by parent corporation, parent corporation takes liability directly against subsidiary corporation creditor. Subsidiary corporation creditor can request rights of several type regarding subsidiary corporationꡑs bankruptcy. Namely, subsidiary corporation creditor can assert avoidance powers in the Bankruptcy Act, deep rock doctrine, piercing the corporate veil and claim for damages against parent corporation. There is accommodating these plans actively to protect subsidiary corporation creditor in the United States of America and England, Japan. Therefore, it is desirable that introduce several plans that is recognized in foreign legislation and precedent in our country actively and protects subsidiary corporation creditor.