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현대사회에 내재하는 도산법적 쟁점에 대하여

원문정보

On some modern Topics relating to Bankruptcy Law

김용진

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초록

영어

This paper, on the one hand, analyzes the current Korean family succession tax rules and suggests some remedies as follows: First, the long term enterprise-centered system should be removed so as to cope with the meanings of the tax support system. This will bring the positive effects of improving employment in both sides of maintenance and expansion. Second, the restriction of one successor principle are to be changed. It should be allowed to designate several successors. Third, the current system of a legal portion of an heir is to be 내 far restricted, as to maintain the assets of family business. First of all the successor have the right to postpone the heirs' demanding of their legal portion. Forth, there is a need to review the unification of the deduction method in family business. On the other hand, there is also a need to legally protect the license agreement from the bankruptcy of licensee as well as licensor. The Korean insolvency Act of April 1, 2006, however, does not have any measure as to protecting the licensee from the insolvency. It is high time, for us to regulate such a situation. It would be very reasonable for us to permit the family business successor to request to make a new license agreement, when the licensor or the licensee becomes insolvency.

목차

Ⅰ 들어가며
 Ⅱ 가업승계와 도산방지 지원을 위한 현행법규
 Ⅲ 라이센스 계약당사자의 도산과 라이센스의 보호
 Ⅳ 마치며
 참고문헌
 Abstract

저자정보

  • 김용진 Kim, Yongjin. 충남대학교 법학전문대학원 교수, 법학박사

참고문헌

자료제공 : 네이버학술정보

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