통합도산법상 특수관계인 규정의 개선 제안

The issues of the provisions on the ‘Specially Related Person’ in the Korean Bankruptcy Law

With increased economic scale and transactions, negative social phenomenon may be appeared such as concealment of dealing by registration under disguised ownership hiding one’s name. The concept of the 'specially related person', 'person with special interest' or 'affiliated person' can be useful solution for the problems. There are various types of provisions on the concept in many Korean laws. The Korean Bankruptcy Law (Debtor Rehabilitation and Bankruptcy Act) also uses the concept for many provisions. Paragragh 1 of Article 101(bad faith presumption of the specially related person), Paragragh 1 of Article 110 and Paragragh 1 of Article 403(right to deny against the specially related person), Paragragh 5 of Article 205(the obligation of the specially related person to retire stocks), Paragragh 5 of Article 218 in the Act(exception to the principle of equality), Paragragh 1 of Article 392(bad faith presumption of the specially related person) are the examples. In many cases, the articles of the law provide exceptions to the principles in the act for the specially related person. Therefore, the certain rights of the specially related person in the bankruptcy law can be restricted under the provisions. Although the provisions in the law may be useful to regulate several issues in the field of bankruptcy, they may have problems. Many issues can be analysed or examined and some of them have been criticised in several legal points of view. For example, the specially related person who is relative is on the centre of the issues. The boundary line for the specially related person in the law must be specified considering many other Korean laws. This study is aimed to figure out the problems and device improvement of the provisions concerning the specially related person’ in the Debtor Rehabilitation and Bankruptcy Act.