일본의 파산법 동향 - 최근 우리 파산절차 개정 관련 쟁점을 중심으로 -

Abstract

There are four insolvency proceedings in Japan ① Bankruptcy under the Bankruptcy Law ② Special liquidation under the Commercial Code ③ Corporate reorganization under the Corporate Reorganization Law ④ Civil rehabilitation under the Civil Rehabilitation Law, formerly the Composition Law These insolvency proceedings had not been materially revised since 1927, while the economic and social circumstances in Japan had changed radically. Against this background, since October 1996, the Ministry of Justice has been discussing reforming the entire insolvency regime. As a result, the Civil Rehabilitation Law, the Rehabilitation Proceedings for Individual Debtors(amendment to the Civil Rehabilitation Law), the Law relating to Recognition and Assistance for Foreign Insolvency Proceedings, and the amendments to the Corporate Reorganization Law have been enacted. The recent revision of the Bankruptcy Law(including the substantive insolvency laws) and the Commercial Code are characterized as the final step of a decade of revising the entire insolvency regime. This paper has reviewed the trends of the bankruptcy procedure in Japan.