기업집단 도산절차의 도입과 관련된 제문제 - 재벌에 대한 적용을 포함하여 -

Abstract

In Korea, a large number of companies form an enterprise group, and many of them are intertwined with assets and liabilities relationship among their affiliates, making them look like one business group to creditors and consumers. In particular, in Korea, there are large-scale business groups, which is called as the chaebol that the head of a corporation heads the whole management of the enterprise group and inherits the management rights, and operates as a single company. For ordinary business groups as well as the chaebol, a single insolvency proceeding may be more beneficial than individual companies. As for the procedural consolidation of enterprise group insolvency proceedings, current statutes allow for some resolution and are applied in cases, so the systems under discussion in foreign countries should be actively introduced and institutionalized in Korea. However, As for the substantive consolidation of enterprise group insolvency proceedings, there is a negative view of it based on the principle of corporate independence. Therefore, the introduction of it should be considered on the condition that the application requirements are strictly limited. Similarly, procedural consolidation and substantive consolidation should be applied to the chaebol, but their specificity should be considered. Even if it takes time for the international insolvency proceeding of enterprise groups, even among countries where affiliated companies of multinational corporations are located, a treaty should be signed on how to handle the enterprise group insolvency proceedings.