기업동산의 담보활용을 위한 법제정비방안

• 영문명: Proposed Legislation on the Secured Transactions in Reliance on the Corporate Movables and Account Receivables
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박훤일(Whon-Il Park)
• 간행물 정보: 『비교사법』比較私法 제14권 제2호, 227~251쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  Recently Korean banks are busy in finding new paths to business. It"s because various regulations of the Korean government on commercial lending to the acquisition of apartments and houses, and the impending Basel Accord II on prudential requirements forced them to diversify collateral from real estate to machinery, inventories and account receivables. In order to boost business activities, the government is pursuing a new collateral system which makes use of non-real estate properties possessed by business entities. In view of the same kind of collateral system employed by the United States and Japan, the electronic filing system seems to be inevitable in Korea.
  It is because small and medium enterprises are restricted from borrowing money by granting personal properties as collateral to the banks. They are required to deliver those movables or transfer their title on a fiduciary basis to creditors. And the banks are reluctant to take movables as collateral owing to the expected sharp depreciation of their value and the possibility of loss and theft.
  The solution could be sought from the state-of-the-art information technologies. Under the current laws, factory machinery and equipment can be provided to creditors as collateral only if they are listed on the mortgage registry of the factory site or building (Para. 1 Art. 7 of the Factory Mortgage Act). The inventory in a specified warehouse can be granted as collateral by means of the collective fiduciary transfer of title. A civil law country does not recognize the floating charge over the whole corporate assets as provided for in UCC Article 9.
  Is there any technological breakthrough in this kind of secured transactions? The answer is radio frequency identification or RFID, which is increasingly used in logistic industries. The RFID tag is a kingpin in ubiquitous computing or ubiquitous sensor networks. As we can read and write in a RFID tag, this tiny tag enables each movable item to be electronically specified and notified individually to the public.
  As a result, the RFID tag, whose data will be electronically filed with the official registry, makes it possible for a debtor to possess and use the movables even though they are already granted as collateral. RFID tags are attached to or embedded in movables on a selective basis only if the debtor possessor wants them as collateral. If the debtor removes them or stops the function of RFID tags on the personal property, it will be treated in the conventional way.
  Here we have an important question. That is whether we can take corporate movables as collateral simply by means of electronic registration. In fact, more technologically perfect and cost-saving RFID-related products are badly needed since RFID was widely used in the early 2000s.
  However, the first and foremost benefit related with RFID registration is that we can specify the movable collateral and notify the presence of prior security interests thereon to the public. If we could not enjoy such benefit, we have to pay a handsome amount of fees or losses in search of the similarly described collateral on the electronic registry, or for the redemption of lost collateral. As for creditor banks, which used to extend large loans secured by machinery, equipment and inventories, the difficulties and problems concerning the possibility of commingling and confusion, loss or theft of collateral remain intact unsolved.
  Other benefits of RFID tags would be enormous when they could create a useful database of collateral assets which should be ultimately disposed at a reasonable price to satisfy the creditors. Furthermore, RFID technologies might be advanced while being adopted to the new collateral system, and it will create big markets for such a new technology as well as RFID-related industries.
  In this connection, any creation and c

목차

Ⅰ. 머리말
Ⅱ. 새로운 접근방법의 필요성
Ⅲ. RFID를 활용한 動産擔保管理
Ⅳ. 채권양도의 登記
Ⅴ. 결론 - 법제정비방안
【참고문헌】
【Abstract】

키워드

기업동산 재고자산 비점유형 담보권 전자등기 Corporate Movables Inventory Non-Possessory Security Interest Radio Frequency Identification(RFID) Electronic Filing/Registration