물적 담보제도의 현재와 미래

The Present and Future of the Real Security System in Korea

A security system is a kind of tool to create credit. With the growth of economy, the demand for security in the transactions increases. Korean Civil Law regulates the right of pledge and a mortgage as a important real security system. But among them the right of pledge for movables is underutilized. The current law requires a more rigorous accounting of value of the security object. However, such a regulation ist inefficient. Therefore, especially we should be careful of improving the enforcement procedure of security rights. Traditionally, the essence of rights of security against property (RSP) is said to dominate the whole or part of the exchange value derived from th security object. On the contrary, rights for use and profit are said to dominate all or part of its use value, and to be the so-called substance rights or use rights. It is in fact for us to separate these two values, because the exchange value derived from the security object is influenced by its use value making the exchange value relative. To fully grasp the security right system, we should well understand civil, procedural and insolvency law. Irregularity in non-model security is the most important feature of it. The history of security law shows this well. We can not evade the so-called alternative phenomenon of law. This is the fate of many social norms including legal norms. Therefore, the important thing is to concentrate on reducing the demerits of non-model security. The mainstream and pattern of the society has evolved from an industrialized society into a knowledge-based society, and from analog sources of information to digital one making now the time to examine using electronic registration for the transfer security for movables which transfers the ownership of movables for the security of debt to the creditor.