假押留 審理에 관한 小考

Abstract

For the purpose of protecting the rights of creditors, the provisional seizure procedure uses the submission of documents and a simple questioning process that speeds up the process. The provisional seizure is approved or rejected without giving the borrower or joint guarantors an opportunity to present objections. If the provisional seizure is approved, the court registers the provisional seizure for real estate. For seizures of salaries and other monetary items, the creditor submits an application for execution to the executing agency, which then performs the provisional seizure. (After the preliminary seizure order is issued, it is possible to submit an statement of objection. But the preliminary seizure order will remain on the register, making it difficult in some cases for that party to subsequently obtain loans from a bank or other lender.)By the way Courts in Korea have a great number of provisional seizure cases that have originated in the generous and rash attitude of the judges who approve most of provisional seizure cases conventionally and have suffered from the abuse of provisional seizure by malicious creditors. In order to reduce a great number of provisional seizure cases it is essential that the judges in the provisional seizure procedure see the provisional seizure procedure in a new light. In other words the judges need to treat the provisional seizure procedure properly and sincerely. That is why I assert definitely that the judges in the provisional seizure procedure have to meet with actually and question a creditor.