民事執行法上 押留禁止對象의 追加에 관한 考察

Abstract

Lately, revised bills concerning the amendment of subjects to be excluded from seizure in the Civil Execution Act are increasing. These attempts will last as long as the standards of living increase. The problem is that the amendment of subjects to be excluded from seizure brings not only the protection of decent and peaceful living of debtors but also the restriction of creditors' rights. Besides, under the Civil Execution Act articles 196(1) and 246(2) a court may upon a motion of a party adjust the scope of subjects to be excluded from seizure. Therefore we should review the necessity for the amendment very strictly. Unfortunately, however, the recent revised bills and the change in the Civil Execution Act lack consideration of fairness. Some standards for the review of the validity of the amendment should be identified. First, we should evaluate the necessity for the amendment very strictly. Second, we should consider the issue of fairness between debtors. Third, we should consider the issue of fairness between debtors and creditors. In addition to these considerations, courts should inform debtors and creditors of the Civil Execution Act articles 196(1) and 246(2) and make full use of them for enforcement in a reasonable manner.