統合倒産法상 企業回生節次에 있어 債權者保護强化를 위한 改善案硏究

• 영문명: Research on the improvement of the appointment system of the custodian in the DEBTOR REHABILITATION AND BANKRUPTCY ACT
• 발행기관: 한국부패학회
• 저자명: 이성우(Lee Seong Woo)
• 간행물 정보: 『한국부패학회보』제15권 제4호, 101~119쪽, 전체 19쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

Article 74 (2), The court shall select and appoint individual debtors and debtors non-individual representatives as custodians with the exception of instances falling under each of the following cases ; 1. When the debtor's bankruptcy is caused by the property's diversion, concealment of assets or poor corporate governance or, 2. When the request from the Creditors Consultative Council has any justifiable grounds. But It is the most important in the proceeding of rehabilitation and bankruptcy that all creditors trust the transparency of the proceeding and the fulfillment of the responsibility of the parties who is responsible for the default or insolvency. Korea Deposit Insurance Corporation, which may ask the relevant insolvent financial institution, etc., persons involved in the insolvency or the interested persons to submit materials concerning their business operations and their current properties, to be present (excluding the request for the presence of the interested persons) and inspect them (the enterprises in default and the main shareholder and the directors, auditors, and officers who are concerned with the default or insolvency) according to the DEPOSITOR PROTECTION ACT Article 21-2(7), is the most fitted to the custodian because it can find the concealed properties, and who should be responsible for the default or insolvency.

목차

Ⅰ. 들어가는 말

Ⅱ. 企業構造調停促進法및 統合倒産法適用對象企業의 株主및 任員등에 대한 現行責任追窮制度

Ⅲ. 背任및 責任財産隱匿事例

Ⅳ. 改善方案

<참고문헌>

키워드

도산기업(enterprise insolvent) 회생(rehabilitation) 채권자보호(protection of creditor) 관리인(custodian) 재산은닉(concealment of property) 배임(breach of trust) 기업 부실(insolvency of enterprises) 금융부실(insolvency of financial institutions) 예금보험 공사(Korea Deposit Insurance Corporation) 공적자금관리특별법(SPECIAL ACT ON THE MANAGEMENT OF PUBLIC FUNDS)