개인파산에 있어서 신용상담제도 도입의 필요성

• 영문명: Necessity to Adopt the Credit Counseling for Debtor"s Rehabilitation
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이혜리(Hye-Ri Lee)
• 간행물 정보: 『비교사법』比較私法 제14권 제2호, 397~428쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  On Sept. 23rd, 2004, the new Korean ‘the Act on Debtor"s Rehabilitation and Bankruptcy" was newly modified in order to solve the problems caused by the previous Act on Bankruptcy. However, it unlikely includes any kind of aids to help debtors to walk through the process in filing for bankruptcy so it often tends to lead the uneducated debtors to use the bankruptcy as an escape rather than a last resort for their economic crisis. In order to prevent the abusive use of filing for bankruptcy, the United States"s law makers already introduced ‘credit counseling" in ‘the Bankruptcy Abuse and Consumer Protection Act of 2005". ‘Credit counseling" is to require a debtor to be counseled respect to his financial situation and consequence of filing for bankruptcy before filing it. This paper mainly discusses the necessity of ‘credit counseling" process in Korean bankruptcy law, practice of credit counseling in the U.S. and finally its application to Korean bankruptcy law.
  Firstly, why Korean bankruptcy law should adopt the ‘credit counseling", since: ① Debtors can be aware of any other alternatives to bankruptcy, ② Debtors can use this counseling to financially rehabilitate himself, ③ By preventing the abuse of bankruptcy, it reduces the loss on social costs. Secondly, the practice of the credit counseling in the U.S. is; ① What? When a debtor files for bankruptcy, he or she has to get briefing that outlined the opportunities for available credit counseling and assisting in performing a related budget analysis. ② Where? When a debtor gets such counseling, he or she should get it in an approved nonprofit budget and credit counseling agency. ③ When? 180 days before a debtor files for bankruptcy. Nextly, the credit counseling in the U.S. has caused the following problems; ① When a debtor receives any advices from credit counselor, even though the issues addressed by the counselor involves legal aspect of the debtor"s financial situation but the counselors are not legal professionals, ② costs and expenses for providing credit counseling, ③ Supervision of the approved nonprofit budget and credit counseling agencies. Finally, this paper discuss how the credit counseling can be legislated into Korean bankruptcy law. It is necessary to make the credit counseling mandatory to prevent the abuse of bankruptcy but some adjustment should be made to be more appropriate to Korean society and legal system. For example, not only the nonprofit agency but also Korean Legal Aid Cooperation takes responsibility together in administering credit counseling so that the contents of the counseling would be more professional and unbiased. Furthermore, range of counseling of agency should be limited to drafting a plan for payment of debts and the rest of legal aid should be left to Korean Legal Aid Cooperation. Credit counseling is more practical and fundamental solution to a debtor"s financial crisis and national problem caused by the increased number of bankrupted individuals, therefore, it should be adopted.

목차

Ⅰ. 서설
Ⅱ. 신용상담제도의 도입 필요성
Ⅲ. 우리나라의 법률 및 신용상담제도의 실태
Ⅳ. 미국의 신용상담제도
Ⅴ. 입법론
Ⅵ. 결론
【참고문헌】
【Abstract】

키워드

신용상담 파산남용방지 파산절차 미국연방파산법 소비자 회생 지원단체 Credit Counseling Bankruptcy Abuse Prevention and Consumer Protection Act Bankruptcy Filing Budget Analysis Certificate of Credit Counseling