도산절차에서 일부면책의 가능성과 범위

The current Bankruptcy Law, adopting the exemption principle, discharges the responsibility of fulfilling debt obligations that the obligor is responsible for to-ward the creditor if the obligor fulfills certain conditions. Prior Bankruptcy Law Article 349 discharges the responsibility of all financial obligations and you can see that our Bankruptcy Law stipulates all exemption as an effect of exemption. In actual affairs, though, partial exemption is approved. However, if partial ex-emption is affirmed, doesn t it directly violate the principle of creditor equality that is presupposed in the bankruptcy procedures? Also, if partial exemption is approved to this extent, what can be the legal basis for it? While actual legal regulations clearly stipulate all exemption, how can the judiciary, with what ba-sis, approve partial exemption that contradicts the law? This paper, with the focus on these questions, will examine the possibilities and scope of partial exemption. First, it will examine the issue by concretizing and breaking down the concept of partial exemption. Furthermore, it will look into the comparative legal work as a form of investigating the possibilities of partial exemption. Next, to make the basis for the possibilities of partial exemp-tion, it will cite legal methodological and theoretical viewpoints. Finally, the pa-per will conclude after concretizing the scope of partial exemption.