기업도산절차상 채권자협의회의 기능 및 역할

Abstract

Insolvency laws had been substantially amended post 1997 economic crisis as momentum in 1998, 1999․2000 and 2001. And there were also much improvement of the practices on insolvency procedures of courts. As the result, current insolvency procedures work more promptly and smoothly as compared with what they did. But recent estimation shows that the only about 3% of insolvent enterprises make use of bankruptcy or reorganization procedure. In spite of several times amendments, current insolvency procedures still have not a few inefficient factors and are short of incentives. For resolving those problems by one effort, the enactment bill of the Act on Debtor's Reorganization and Bankruptcy(what we call “unified insolvency act") was submitted to National Assembly in February 2003. This bill integrated Company Reorganization Act, Composition Act and Bankruptcy Act; combined company organization procedure and composition procedure; introduced adjustment procedure of debts of an individual with regular income; newly made provisions on international insolvency etc.. One of the representative distinctions of this bill is to assign the debtor for legal trustee with first priority in reorganization procedure. For that reason, this bill strengthens the function and roll of creditors' committee. This article studies the provisions on creditors' committee or committee of current insolvency laws, foreign insolvency laws and the bill of unified insolvency act. And this article presents some opinions on creditor' rights and desirable function and roll of creditors' committee or committee in reorganization procedure.