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커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The purpose of the Company Reorganization Act (Article 1) is to coordinate the interests of creditors, stockholders and other interested persons, and to strive for the reorganization and recovery of the business, in respect of any joint stock company which faces imminent failure due to financial difficulties, but which is worth economic recovery. The act was promulgated as an Act No. 1214 on December 12, 1%3, 14, and enacted by inheriting Japanese Corporation Reorganization Law. Therefore contents of the act are closely similar to those of Japanese Corporation Reorganization Law, and its efficiency as a law has been actually doubted since the act was not ever applied up to now.
However, in case of Korea, many conglomerates became bankrupt before and after financial crisis in 1997, as a result, companies that desire to rebuild company through the act increased sharply and lawsuits related to above increased suddenly, therefore various circles became interested in the act more and more. It is proved by a fact that the Company Reorganization Act is frequently amended in these years. That is to say, the act was amended 10 times in total such as in 1981, in 1984, in 1993, in 1996, on Jan. and Feb. 1998, in 1999, in 2001, and 2002, and we can know that amendments are being concentrated after 1996.
As mentioned above, the reason why amendments of the Company Reorganization Act were concentrated after 1996 is guessed that request for application of the act increased sharply before and after 1997, and in the course of application of the act, various problems such as insufficient of reality and scattering elements to prevent harmonization (promotion) of realization of legal system were detected, therefore relevant agencies of legislation make an effort to achieve the purpose of legal system and to increase reality of the act.
However, in view of judicial precedence these days, numerous issues become prominent figures in the current Company Reorganization Act and it is judged that we did never discuss about those issues. That is to say, issue of equity comes to the front of the Company Reorganization Act as a special act of the Commercial Act since an aspect of reconstruction type company reorganization law to manage conglomerates and to be distinguished from the compulsory composition of the Bankruptcy Act and the composition proceeding of the Composition Act, and an aspect of the economic law holding special purpose and relating to national economy closely are become distinguished, and protection of person who has interest lay aside.
In this thesis, I desire to summarize general matters of the Company Reorganization Act, to indicate the limitation of construction of law of the Supreme Court after examination of its judicial precedents selected and the Imperfection of legislation.
However, in case of Korea, many conglomerates became bankrupt before and after financial crisis in 1997, as a result, companies that desire to rebuild company through the act increased sharply and lawsuits related to above increased suddenly, therefore various circles became interested in the act more and more. It is proved by a fact that the Company Reorganization Act is frequently amended in these years. That is to say, the act was amended 10 times in total such as in 1981, in 1984, in 1993, in 1996, on Jan. and Feb. 1998, in 1999, in 2001, and 2002, and we can know that amendments are being concentrated after 1996.
As mentioned above, the reason why amendments of the Company Reorganization Act were concentrated after 1996 is guessed that request for application of the act increased sharply before and after 1997, and in the course of application of the act, various problems such as insufficient of reality and scattering elements to prevent harmonization (promotion) of realization of legal system were detected, therefore relevant agencies of legislation make an effort to achieve the purpose of legal system and to increase reality of the act.
However, in view of judicial precedence these days, numerous issues become prominent figures in the current Company Reorganization Act and it is judged that we did never discuss about those issues. That is to say, issue of equity comes to the front of the Company Reorganization Act as a special act of the Commercial Act since an aspect of reconstruction type company reorganization law to manage conglomerates and to be distinguished from the compulsory composition of the Bankruptcy Act and the composition proceeding of the Composition Act, and an aspect of the economic law holding special purpose and relating to national economy closely are become distinguished, and protection of person who has interest lay aside.
In this thesis, I desire to summarize general matters of the Company Reorganization Act, to indicate the limitation of construction of law of the Supreme Court after examination of its judicial precedents selected and the Imperfection of legislation.
목차
1. 문제의 제기
2. 사회정리제도의 의의 및 진행절차
3. 이해관계인간의 이해상충과 관할법원, 관리인
4. 사례연구
5. 결어
참고문헌
Abstract
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