회생인가골프장의 회생절차상 문제점과 해결방안

Abstract

Recently the growing number of golf courses is in process of approval to financial rehabilitation,attributed to the worsen profitability by poor management, the increasing requests for membershiprefunding, the excessive financial cost and the growing number of golf courses. Moreover, morecorporations purposely are applying for rehabilitation proceedings in order to write off their liabilities,taking advantage of The Act for Debtor Rehabilitation and Bankruptcy. Focusing on a case of golf course having confirmed to be in proceedings of rehabilitation on 30th,April 2012 and approved finally on 25th, September 2013, this study figures out the issues and solutionsin the process of financial rehabilitation. The major issues in the process of golf course rehabilitation are considered 5 things; First, conduct ofmanager, Second, the ranking of membership in rehabilitation bond, Third, the asset assessment, Fourth,the procedure of decision and revision on plan for single and multiple rehabilitation, Fifth, unprofessionaland inefficient operation of legal management system. The procedure itself is considered fair but it is revealed there is practical issue in processing the caseanalysis and rehabilitation procedure. Thus, there are required the remedies for rehabilitation proceedingsto keep fairness and equity in order to secure the rights and interests of major members and minimize theloss of small bond holders. In this context, above all, this study suggests that efficient asset assessment and reasonable designationof manager ought to be proceeded. Also, it is required to revise the Article 29 and 74 of the BankruptcyLaw by making criminal punishment obligation. Secondly, it is required for the enforcement ordinance overmembership deposit to be stipulated, referring to No.2, Section 1, Article 217 of the Bankruptcy Law. Atthird, the new article is required on Section 2, Article 90 of the Bankruptcy Law so as to assess the assetby designating least two institutions and carried by the Specialized Committee of Asset Assessment(tentatively). Fourth, the second Sections in Article 225 and 234 of the Bankruptcy Law need to beenacted in order to make proper proceedings for noticing creditors. At last, by establishing 'TheRehabilitation Court', it is required to build the specialized and efficient system to secure the increase courtmanagement personnel, recruit experts, specialize of tools for management․supervision․direction․verificationand make efficiency of management system.