人的財産擔保權의 登錄에 관한 法理

Modern Law for Movables Security Right Registry

Major international institutes have the same view on the assessment and resolving method about security rights publicity. They assess that the states that have not been based on a modern registry system does not have presented any essential information on movables security right to the third parties and it result in the fatal defects of secured transactions. In order to cure these problems, the states should legislate legal frameworks based on registering the notice containing simple information that the security right may exist. The more transparent the relationship of secured transactions is, the lower the risk and cost of extending credit are. Draft Legislative Guide on Secured Transactions by UNCITRAL Working Group Ⅵ has been integrating the experiences and researches of legislation, implement know-how and financing practices by US, Canada, New Zealand, 27 eastern Europe countries in transition to market economy and EBRD since 2002. The Guide will have been completed by 2008. International trend to establish reliable publicity mode is focused on creating general security rights registry, in that, the characteristics of modern international trend on publicity of movables security rights can be explained for achieving “generalization of publicity through registry .  The generalization or unitarization of publicities through registry will facilitate unifying various security rights into a Integrated Comprehensive Security Right. The Integrated Comprehensive Security Right with the generalized registry will accelerate free financial competition between financial institutions, as the result of it, the cost of secured transactions will be lowered. The movables security rights should be publicized by recording the notice in Republic of Korea. It will clarify secured transactions, decrease transactions cost and increase the extension of credit. UNCITRAL s legislative guide and multi State s experiences of movables security rights registry over decades will bring advantages to legislate the legal frameworks of a new Korean secured transactions law. Republic of Korea should accomplish secured transactions law reform with movables security rights registry to become a financing hub in Asia sooner and later.