지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The Debtor Rehabilitation and Bankruptcy Act(Debtor Rehabilitation Act) provides the procedures for a debtor who is in economic bankruptcy or has a probability of bankruptcy to survive by filing for the Court. But the current Debtor Rehabilitation Act has many defects regarding the preservations of property for debtor companies.
Therefore the government is in the process of introducing the Automatic Stay System as part of the improvement scheme.
This study examines if the government’s proposal is reasonable enough. As it turns out that the current revision is more likely to present unsatisfactory outcome, the following reinforcements are suggested accordingly:First, the system has to operate on the basis of a clear definition on who would be eligible for its benefit to prevent confusion. Second, in order to prevent abusing of the new legislation, a protection system is needed for creditors so that they would not suffer an undeserved loss. Third, considering the current debtor rehabilitation proceeding being used as a hideout from illegal check control, the Automatic Stay system needs to stipulate an applicable regulation to alleviate such abuses. Proposed in the rest of the study is some detailed enforcement plans, including how much time should be given before the effectuation of the system.
#자동중지제도
#automatic stay)
#채무자회생 및 파산에 관한 법률
#Debtor Rehabilitation and Bankruptcy Act)
#기업회생절차
#corporate rehabilitation proceeding)
#신청
#application filed)
#보전처분
#provisional remedy)
#중지명령
#stay order)
#포괄적 금지명령
#order of comprehensive prohibition)
#개시결정
#decision on commencement)
#채무자 회사의 재산보전제도
#preservations of property for debtor companies)
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