일본 신파산법의 사해행위와 편파행위의 부인에 관한 연구

The laws and legal practice of Japan on bankruptcy have had big effect on those of Korea. Because of it, the amendment of Japanese bankruptcy law is very meaningful to us. This dissertation deals with what has been changed on the bankrupcy avoidance in new Japanese bankruptcy law. The old Japanese bankruptcy law divided the avoidance into three as avoid-ance of intentionally fraudulent act, transfer in crisis, no compensation transfer. Under the old law, the payment to the agreement could be avoided when it im-plied fraudulent or was done in crisis, even though the law didn t say so explicitly. The new law has changed a lot in shape rather than the contents. It divides avoidance into two as fraudulent transfer and preference, which is same to the U.S. bankruptcy code. And the payment to the agreement could be avoided only to the part, which is over the liability. The new Korean bankruptcy law has been enacted this year. But, the new Korean law has had no change on the avoidance. The Japanese change on it is full of suggestion to Korea. When we have a chance to amend Korean law, it is recommended to adopt the new system on the bankruptcy avoidance.