統合倒産法상 企業回生節次에 있어 債權者保護强化를 위한 改善案硏究

Research on the improvement of the appointment system of the custodian in the DEBTOR REHABILITATION AND BANKRUPTCY ACT

Article 74 (2), The court shall select and appoint individual debtors and debtors non-individual representatives as custodians with the exception of instances falling under each of the following cases ; 1. When the debtor's bankruptcy is caused by the property's diversion, concealment of assets or poor corporate governance or, 2. When the request from the Creditors Consultative Council has any justifiable grounds. But It is the most important in the proceeding of rehabilitation and bankruptcy that all creditors trust the transparency of the proceeding and the fulfillment of the responsibility of the parties who is responsible for the default or insolvency. Korea Deposit Insurance Corporation, which may ask the relevant insolvent financial institution, etc., persons involved in the insolvency or the interested persons to submit materials concerning their business operations and their current properties, to be present (excluding the request for the presence of the interested persons) and inspect them (the enterprises in default and the main shareholder and the directors, auditors, and officers who are concerned with the default or insolvency) according to the DEPOSITOR PROTECTION ACT Article 21-2(7), is the most fitted to the custodian because it can find the concealed properties, and who should be responsible for the default or insolvency.