회생담보권의 새로운 취급방식 – 일본 회사갱생절차의 처분연동방식에 대하여

Abstract

The disposal linkage method widely used in reorganization proceedings in Japan is a practical treatment method concerning the handling of japanese secured reorganization claims which has a similar position to Korean rehabilitation security rights. In principle, this method makes the secured reorganization creditors conduct a active role in the selling process of secured object, then repays the secured reorganization claims based on the proceeds from sale of the secured object, and the unpaid portion is treated as a rehabilitation claim. This method can be said to approximately similar to the right of separate satisfaction of the bankruptcy procedure. In Korea, there is a possibility that the real estate market condition would be somewhat worsening , and in practice, we are making a lot of efforts to make the rehabilitation process more quickly and efficiently consider whether to introduce a disposal linkage method in the rehabilitation procedure.