기업회생절차에서 법원의 역할에 대한 입법론적 검토

• 영문명: The Role of Court in the Reorganization Procedure:A Proposal
• 발행기관: 충북대학교 법학연구소
• 저자명: 李縯甲(Lee, Yeonkab)
• 간행물 정보: 『법학연구』第28卷 第1號, 361~384쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

Korean bankruptcy judges’ workload is notorious among the judges, coounselors and other experts of bankruptcy law. Moreover, there has been no clear rule on the proper assignment of cases regarding the claim determination process or avoidance of fraudulent transactions. The author argues that these problems could be solved by proper distribution of works betweeen the judges and non-judge officials. The author also suggests that the judges should not be involved with managerial tasks such as counseling the trustees(DIP-type trustees as well) because it could hurt the appearance of fairness in cases where the parties in interest would confront each other. For these arguments, the author first surveys the existing scheme of work division in reorganization cases. Then he suggests that the new post called bankruptcy manager should be installed, who mainly are responsible for the managerial jobs in the reorganization procedure. If the bankruptcy managers handles most of the managerial and non-judicial jobs, then the judges could concentrate their energe on the judicial tasks. Although new law would be needed for the suggested system, the author indicates that the problem could be (although incompletely) addressed under the current system. The judges should avoid any ex parte contact, and the court shoud set up proper rules for work division regarding the claim determination process or avoidance of fraudulent transactions.

목차

Ⅰ. 서론

Ⅱ. 회생절차상 업무의 성질과 그 절차

Ⅲ. 현행 회생절차상 사무분담의 현황과 문제점

Ⅳ. 입법례의 검토

Ⅴ. 입법 또는 실무운용의 개선제안

Ⅵ. 결론

키워드

회생절차(reorganization) 행정적 업무와 쟁송적 업무(managerial/judicial distinction) 도산행정관(bankruptcy manager) 채권확정재판(claim determination) 부인재판(avoidance of fraudulent transactions) 공정성의 외관(appearance of fairness)