「기업구조조정촉진법」의 주요 쟁점과 과제

Abstract

The Corporate Restructuring Promotion Act(Hereinafter referred to as‘Act’) was expired at December 2015, but it was again established at March 2016 for 2 years half. This time, the Act is extend of fourth round from 2001. After global financial downturn, during two decades, we can accumulate knowledge and experience about corporate restructuring with workout of large enterprise. Many people approve to be able to make basis for private sector to lead corporate reconstruction by this Act. This Act is also going to be expired. This is the reason why the Act contains the limitation of a breach of the Constitution. Surely in this time the government and congress tried to make it permanent. In this fifth revision, This Act eliminated the factors not adapted of Constitution substantially. In this Act, the trouble with law and practice was minimized and promptness and efficiency were strengthened. These are strong points of this Act, was firmed up. but there remain some problems in this Act. Fundamentally, this Act is for emergency event, like economic trouble or financial blockage, credit crisis, etc. It is reason why many people have thought leave private sector trying to solve by themselves and worry that this Act can harm the principle of private autonomy and property in constitution spirit. We must let this Act be coexist with a process restoration by court. We know that this Act have strong point at corporation reconstruction at emergency event. We need to accentuate the responsibility of financial institute who have supplied to corporate needed to reconstruction as the obligee. Surely the stakeholder and employees have also responsibility. It means that burden cannot go to by taxes. The problems of corporate reconstruction are from inadequacy of choice standard, finance by government and lacking in expertise. We try to make the scheme to improve these problems in corporate reconstruction as soon as possible.