會社整理法上 分割型 整理計劃의 有用性과 그 許容範圍에 관한 小考

• 영문명: A study on the usefulness and permissible scope of a division-type reorganization plan
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김동민(Dong-Min Kim)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 373~400쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

In case a corporation subject to a reorganization, which conducts businesses of a construction and a civil engineering, needs a new company of a solid financial structure in order to receive an order of a construction or in case of an Merger & Acquisition (M&A) by which a part of business units is to be merged and acquired with regard to a corporation subject to a reorganization which faces delisting because of a worsened state of an impaired capital, the usefulness of a division-type reorganization plan can be maximized. However, provisions on a division of a corporation subject to a reorganization under the Corporate Reorganization Act are abstractly stipulated after a division system in the Commercial Act. In addition, unique characteristics that a reorganization system has cannot be appropriately reflected. Accordingly, significant problems are raised with respect to the usefulness and permissible scope of a division-type reorganization plan in terms of a practice. In this regard, this thesis reviewed that within which scope it would not be in violation of the current law for a corporation subject to a reorganization to perform a division-type reorganization plan and whether or not a validity can be granted to such a reorganization plan in terms of a revival of a corporation subject to a reorganization and a fair and equitable settlement of an interest for parties concerned. In short, if a corporation subject to a reorganization adopts a simple division method by dividing its core business unit and establishing a beneficiary company, when such beneficiary company takes pre-qualification (PQ) in order to receive a construction order in the future, a grade in a management status part, one of items subject to PQ, will be normalized, which will lead to a smooth construction order.

목차

Ⅰ. 서설

Ⅱ. 정리회사의 분할제도의 도입

Ⅲ. 분할형 정리계획의 유용성

Ⅳ. 분할형 정리계획의 허용범위

Ⅴ. 결어

참고문헌

[ABSTRACT]