회생인가골프장의 회생절차상 문제점과 해결방안

The Issue and Solution in Proceedings of Rehabilitating the Approved Golf Course

Recently the growing number of golf courses is in process of approval to financial rehabilitation,attributed to the worsen profitability by poor management, the increasing requests for membership refunding, the excessive financial cost and the growing number of golf courses. Moreover, more corporations purposely are applying for rehabilitation proceedings in order to write off their liabilities,taking advantage of The Act for Debtor Rehabilitation and Bankruptcy. Focusing on a case of golf course having confirmed to be in proceedings of rehabilitation on 30th,April 2012 and approved finally on 25th, September 2013, this study figures out the issues and solutions in the process of financial rehabilitation. The major issues in the process of golf course rehabilitation are considered 5 things; First, conduct of manager, Second, the ranking of membership in rehabilitation bond, Third, the asset assessment, Fourth,the procedure of decision and revision on plan for single and multiple rehabilitation, Fifth, unprofessional and inefficient operation of legal management system. The procedure itself is considered fair but it is revealed there is practical issue in processing the case analysis and rehabilitation procedure. Thus, there are required the remedies for rehabilitation proceedings to keep fairness and equity in order to secure the rights and interests of major members and minimize the loss of small bond holders. In this context, above all, this study suggests that efficient asset assessment and reasonable designation of manager ought to be proceeded. Also, it is required to revise the Article 29 and 74 of the Bankruptcy Law by making criminal punishment obligation. Secondly, it is required for the enforcement ordinance over membership deposit to be stipulated, referring to No.2, Section 1, Article 217 of the Bankruptcy Law. At third, the new article is required on Section 2, Article 90 of the Bankruptcy Law so as to assess the asset by designating least two institutions and carried by the Specialized Committee of Asset Assessment(tentatively). Fourth, the second Sections in Article 225 and 234 of the Bankruptcy Law need to be enacted in order to make proper proceedings for noticing creditors. At last, by establishing 'The Rehabilitation Court', it is required to build the specialized and efficient system to secure the increase court management personnel, recruit experts, specialize of tools for management․supervision․direction․verification and make efficiency of management system.