한국 인적재산담보권의 공시방법에 관한 평론

• 영문명: Reviews on Public Notice of Korean Secured Transactions
• 발행기관: 원광대학교 법학연구소
• 저자명: 고준석(Ko, Jun-Seok)
• 간행물 정보: 『원광법학』제23권 제3호, 93~117쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

In Republic of Korea, the publicity of security rights in personal property except for high value property such as vehicles, construction equipments, ships and aircraft as well as intellectual property including copyright, trademark, patent has not worked efficiently to notify the existence of security rights to third parties. The problems of existence of secret security rights and high risk subject to other claims may be raised in Korean secured transactions, because publicity has not been functioned as designed to protect the third parties from other potential rights on the same encumbered assets. In the result of high risk, the cost of secured transactions has been high and the flexibility of currency circulation has rarely been found in Korean secured transactions. In order to solve these problems, law reform of secured transactions in Korea should be considered to introduce new movables security rights registry system. The pledge is not useful to attach security rights on inventory, equipment or other most goods because it deprive grantor of a possession. Factory foundation mortgage or mine foundation mortgage is rarely used as a consequence of the defectiveness in itself with the complicated registration procedure, so they must be abolished. With the above reasons, even though transfer of title or retain of title should be able to play the role of security right on personal property in Korean economy, they hardly function as a security right because the publicity mode, indirect possession of them, can not present any essential information regarding the existence of security rights on the collateral. Therefore indirect possession should be replaced as another publicity mode that gives the necessary information in connection with secured transactions. Major international institutes have the same view on the assessment and resolving method about security rights publicity. They assess that the states that have not been based on a modern registry system does not have presented any essential information on movables security right to the third parties and it result in the fatal defects of secured transactions. In order to cure these problems, the states should legislate legal frameworks based on registering the notice containing simple information that the security right may exist. The more transparent the relationship of secured transactions is, the lower the risk and cost of extending credit are.

목차

Ⅰ. 序 論

Ⅱ. 人的財産擔保權의 公示方法

Ⅲ. 人的財産擔保權 公示方法의 非公示性 등

Ⅳ. 人的財産擔保權制度의 沈滯

Ⅴ. 結 論

참고문헌

Abstract

키워드

동산등록 동산담보권등록 동산등록제도 동산담보권등록제도 공시서 담보권 공시서 공시서등록 담보거래 인적재산 동산 Movables Registry Movables Registry System Filing System Notice Registry System Documents Filing System Secured Transactions Personal Property