학술논문
도산기업의 지배구조에 관한 연구
이용수 107
- 영문명
- A study of legal on the governance of rehabilitation procedure corporate in the insolvency law
- 발행기관
- 한국재산법학회
- 저자명
- 장병섭(Jang byeong-seob)
- 간행물 정보
- 『재산법연구』財産法硏究 第24卷 第1號, 273~305쪽, 전체 33쪽
- 주제분류
- 법학 > 법학
- 파일형태
- 발행일자
- 2007.06.30
6,760원
구매일시로부터 72시간 이내에 다운로드 가능합니다.
이 학술논문 정보는 (주)교보문고와 각 발행기관 사이에 저작물 이용 계약이 체결된 것으로, 교보문고를 통해 제공되고 있습니다.
국문 초록
영문 초록
There were many enterprises went bankrupt by going through the economy crisis in 1997 but the established three laws of insolvency including composition act, bankruptcy act and company reorganization act left much to be desired in many ways to settle increase of insolvency cases rapidly and efficiently.
Referring to the matter, insolvency laws were revised for several times since 1998 and operational defects of procedural insolvency were improved by law with such efforts. However, insolvency acts of those days were difficult to make a decision upon insolvency because of industrial disaster and enterprises using the acts went through difficulties selecting efficient revival ways due to confrontation of opinions between various interested parties.
To make improvement in economic stabilization, impartial and efficient procedures of insolvency is very important. To settle such matters. under the recognition of needs in fundamental improvement, the established three insolvency acts were unified with simplification acts through legislative procedure for four years since 2001 and ’the act on debtor"s reorganization and bankruptcy; what we call "uniform insolvency act" were carried into effect starting from April 4th in 2006.
However, the legislative period were relatively insufficient to prepare the acts comparing to quantity to manage. Moreover, due to available uplift of insolvency procedures or emphasis on effective uplift, it was rather indifferent in practical maintaining equity between interested parties.
Accordingly, this thesis investigates main contents and characteristics of insolvency laws in other advanced countries where the restoration system of enterprises is proceeded as legislation and analyzes whether there are any suggestions in the application of the law in each countries. Centering the ruling class of business failure in accordance with the restoration system of enterprises, it gropes an effective settlement plan which is suitable for our reality and presents a reform measure in insolvency acts that supports effective restoration and lasting development of bankrupt businesses.
Summarizing the points and legislative suggestions of integrated insolvency acts are as follows.
First, variant DIP (debtor in possession system) is introduced and under a unified code of the uniform Insolvency laws, the rights and function of the creditors" council are inadequate. Accordingly, as procedure party concerned, phase of creditors" council should be changed as a creditors" committee like the example from the USA and Germany.
Second, administrators should be selected among third persons who have professional management abilities as a general rule but the reason of facing bankruptcy at businesses do not have insolvent responsibility which is caused by the result of the unpredictable management including radical changes of external environment. Among the existing management, they need to apply management know-how and limits to agreement case at the creditors" council that it should be revised to assign obligators and the exiting management as an administrator.
Finally, for all the interested parties" maximum profit, the revival targets, including obligators and planning speedy and effective performance of insolvency procedures, application of restoration proceedings should be conducted and at the same time, compulsory execution on duties and properties of obligators should be automatically stopped by the way of introducing the American style of Automatic Stay System.
Referring to the matter, insolvency laws were revised for several times since 1998 and operational defects of procedural insolvency were improved by law with such efforts. However, insolvency acts of those days were difficult to make a decision upon insolvency because of industrial disaster and enterprises using the acts went through difficulties selecting efficient revival ways due to confrontation of opinions between various interested parties.
To make improvement in economic stabilization, impartial and efficient procedures of insolvency is very important. To settle such matters. under the recognition of needs in fundamental improvement, the established three insolvency acts were unified with simplification acts through legislative procedure for four years since 2001 and ’the act on debtor"s reorganization and bankruptcy; what we call "uniform insolvency act" were carried into effect starting from April 4th in 2006.
However, the legislative period were relatively insufficient to prepare the acts comparing to quantity to manage. Moreover, due to available uplift of insolvency procedures or emphasis on effective uplift, it was rather indifferent in practical maintaining equity between interested parties.
Accordingly, this thesis investigates main contents and characteristics of insolvency laws in other advanced countries where the restoration system of enterprises is proceeded as legislation and analyzes whether there are any suggestions in the application of the law in each countries. Centering the ruling class of business failure in accordance with the restoration system of enterprises, it gropes an effective settlement plan which is suitable for our reality and presents a reform measure in insolvency acts that supports effective restoration and lasting development of bankrupt businesses.
Summarizing the points and legislative suggestions of integrated insolvency acts are as follows.
First, variant DIP (debtor in possession system) is introduced and under a unified code of the uniform Insolvency laws, the rights and function of the creditors" council are inadequate. Accordingly, as procedure party concerned, phase of creditors" council should be changed as a creditors" committee like the example from the USA and Germany.
Second, administrators should be selected among third persons who have professional management abilities as a general rule but the reason of facing bankruptcy at businesses do not have insolvent responsibility which is caused by the result of the unpredictable management including radical changes of external environment. Among the existing management, they need to apply management know-how and limits to agreement case at the creditors" council that it should be revised to assign obligators and the exiting management as an administrator.
Finally, for all the interested parties" maximum profit, the revival targets, including obligators and planning speedy and effective performance of insolvency procedures, application of restoration proceedings should be conducted and at the same time, compulsory execution on duties and properties of obligators should be automatically stopped by the way of introducing the American style of Automatic Stay System.
목차
Ⅰ. 서론
Ⅱ. 통합도산법의 입법배경과 구조
Ⅲ. 통합도산법상 도산회사의 지배구조론
Ⅳ. 결론-입법론적 제안
참고 문헌
〈Abstract〉
Ⅱ. 통합도산법의 입법배경과 구조
Ⅲ. 통합도산법상 도산회사의 지배구조론
Ⅳ. 결론-입법론적 제안
참고 문헌
〈Abstract〉
키워드
해당간행물 수록 논문
- 附錄 외
- 우리 저작권법 체계상 저작자와 저작권의 귀속문제
- 노동관행의 성립과 효력 - 대판 2001.10.23, 2001다53950
- 종중의 ‘자연발생적 단체설’에 대한 소고
- 등기부취득시효에서 등기의 승계 여부
- 독일에 있어서 해제효과론의 전개
- 중ㆍ고등학교시험문제와 저작권 - 서울중앙지법 2006. 10. 18. 선고, 2005가합73377 판결(항소)
- 분묘기지권에 관한 소고
- 유치권자에 의한 경매신청
- 항공기사고와 불법행위 - 조종사ㆍ관제사과실책임을 중심으로
- 도산기업의 지배구조에 관한 연구
- 교회분열에 따른 재산귀속 - 대법원(전원합의체) 2006. 4. 20. 선고2004다37775 판결
- 대화자 사이의 무체적 의사표시의 효력발생
- 인체생물학적 물질의 이차적 이용과 「Informed Consent」 법리
- 信託受益權의 消滅時效
참고문헌
관련논문
최근 이용한 논문
교보eBook 첫 방문을 환영 합니다!
신규가입 혜택 지급이 완료 되었습니다.
바로 사용 가능한 교보e캐시 1,000원 (유효기간 7일)
지금 바로 교보eBook의 다양한 콘텐츠를 이용해 보세요!