일본의 특정조정절차에 관하여 : 도산과 ADR

Abstract

While recovering from IMF Economic Crisis, Korea has enhanced its bankruptcy procedures in terms of both practice and amendment of related laws. Enhancement of bankruptcy system as a social safety net for the whole national economy should be constantly achieved. This is the reason why the bankruptcy system should draw enough and constant attention from scholars, practitioners and governmental officials, though commentators view the bankruptcy system of Korea took the proper and necessary role through the crisis. This article aims to draw intention to the importance and function of mediation in the bankruptcy system. France, Austria and Germany are using mediation for rehabilitation of debtors suffering from financial distress. The Special Mediation of Japan is a kind of civil mediation, which is being used for rehabilitation of the debtors, especially for the individual debtors. This article describes the features of the Special Mediation and analyses the issue of whether a debtor can file a civil mediation for the same purpose under the current Korean legal system.