통합도산법상 管理人制度의 改善方案

Abstract

The limitations of the integrated insolvency law are as follows ; the separation of the procedure of the application, the lack of the connection of procedure each other, the non-selection of automatic stay system, the system that elects existing manager for administrator in principle, the system that does not endow the conference of creditor with the chance of participation substantially. In this thesis I am trying to review on the improvement opinion of administrator system Administrator has enormous right and duty in the entire liquidation of the company. In principle administrator must be selected of all the third who has specialized management ability, but it is proper to select administrator of all the debtor or existing manager if only in case, Firstly, the insolvency of company is due to the reason( for example, the rapid change of external environment) that the existing manager can not expect and administrator has no responsibility for weakness. Secondly the existing manager needs to use the knowhow of management.Thirdly the conference of creditor agrees.Fourthly the financial affairs of the company does not get to the reason of bankruptcy.