원문정보
Execution Status and Lead-Time for Rehabilitation Procedures
초록
영어
The rehabilitation procedure in accordance with The Debtor Rehabilitation and Bankruptcy Act directs at mediating legal matters for conflicting interest parties such as creditor, stock holder, etc., on behalf of a debtor who faces up to insolvency due to financial difficulties, and at contriving an effective rehabilitation for the debtor or his company. Assessing the execution status of company rehabilitation cases carried out by the court before and after the enforcement of The Debtor Rehabilitation and Bankruptcy Act, the number of cases has increased annually in a large degree, denoting a positive evaluation. A negative aspect is, however, a greater decline of the rehabilitation rate for the present rehabilitation procedure than the rate for the previous company insolvency procedure. The author after on-site experiences evidences a dilemma for the apparent management responsibility for a public trustee as a supervisor and the existing management supervisor system which is passive for M&A, as well as rehabilitation uncertainties due to a long process time for a rehabilitation procedure. In order to enhance the rehabilitation possibility, the lead-time for a rehabilitation procedure should be shortened. For a rapid process of rehabilitation procedure, the system and business affairs must be ameliorated and supplemented than before. A rehabilitation procedure by the court must be carried out hastily and its lead-time for a supervisor’s rehabilitation procedure must be restrained, for which understanding and cooperation are requisite for creditors and conflicting interest parties. The lead-time can be reduced by effectively utilizing work improvement for the disclosure list by the creditor, preliminary submission of the rehabilitation plan in cooperation with the creditors committee, the transfer of previous sales to the rehabilitation plan approval after the rehabilitation procedure onset arranged for the revitalization of M&A, written consent, early launch of M&A, etc.
목차
Ⅱ. 2009년 회생절차의 처리현황과 소요기간
1. 전국 법원의 회생사건 처리현황
2. 회생절차 개시신청
3. 회생절차 개시결정
4. 제1회 관계인집회
5. 회생계획안 제출명령
6. 제2회 및 제3회 관계인집회
7. 회생계획 인가결정
8. 회생절차 종결결정
9. 회생절차 폐지결정
10. 회사정리절차와 회생절차의 소요기간 비교
Ⅲ. 결론
Abstract