개정 ｢채무자 회생 및 파산에 관한 법률｣안에 대한 고찰

The legal issues and improvement on the introduction of‘Automatic Stay’in recently revised -DEBTOR REHABILITATION AND BANKRUPTCY ACT-

This paper is about legal issues of and improvement of the adoption of ‘Automatic Stay’ in recently revised ｢DEBTOR REHABILITATION AND BANKRUPTCY ACT(‘채무자 회생 및 파산에 관한 법률’)｣. ｢DEBTOR REHABILITATION AND BANKRUPTCY ACT｣ was enacted in 2005 modeling the federal bankruptcy laws of the United States, while the pros and cons on whether the adoption of Automatic Stay system on the United States Federal bankruptcy laws was vigorously discussed in Korea. Recently, One of the major amendments to ｢DEBTOR REHABILITATION AND BANKRUPTCY ACT｣ was the adoption of Automatic Stay system. So, this paper reviewed ｢DEBTOR REHABILITATION AND BANKRUPTCY ACT｣ in connection with the adoption of the Automatic Stay system, and proposed ways for improving in response to several questions raised by people. First of all, this paper discussed the structure and the status of the current bankruptcy system in connection with the amendments. Then this paper pointed out the problem with General Order Given to Prohibit Compulsory Execution(‘포괄적 금지명령’) and discussed the feasibility of the adoption of the Automatic Stay system.