기업회생절차상 관리인에 관한 몇 가지 문제-관리인의 자격과 책임을 중심으로 하여-

Abstract

This report is about the newly established Korea integrated bankruptcy law, which is different in corporate reorganization department than the previous on designation of a permanent trustee(§ 74 ②). In § 82 describes duty and responsibility of a permanent trustee. Additionally, the integrated bankruptcy law imposes also several regulations on a permanent trustee. The necessity is that there must be the law that is newly defined, interprets and materializes. What is the reason that these regulations were introduced? And how can we optimize profits between a debtor and total creditors through interpretation? In this study I am going to look into several resolutions in order to solve some problems about designation, duty and responsibility of a permanent Trustee. I will also discuss about Germany bankruptcy law in comparison to get several hint points. About designation of a permanent trustee, I will look into of the burden of proof that can occur in a trustee. Finally, I will study about the possibility of a corporation trustee. In Germany bankruptcy law, many scholars insist that legislation must rationally limit the responsibility of a trustee. Through analysis of this, I am going to get hint points. First of all, I will look into responsibility regulation of a trustee and the discussion related to this. In bankruptcy jurisprudence, there are a lot of regulations and systems and that must be materialized.