기업담보제도의 도입에 관한 연구 - 浮動擔保法理(floating charge)를 중심으로 -

There is an amounting concern in Korea that the present charge system under which the debtor, the chargor, can't dispose of the charged assets in the ordinary of business without the consent of the creditor, the chargee, should be subject to reform. On the other hand, English courts have developed the law and theory of floating charge since 1870 when the case of Re Panama, New Zealand and Australian Royal Mail Company was decided. In order to get some lesson from english experience, this article explores into cases and materials of English floating charge. The essence of the floating charge is that the creditor, the chargee takes security over the debtor's present and future property but allows the debtor, chargor, liberty to manage the secured assets and dispose of them in the ordinary course of business free from the charge until its crystallization. As the floating charge enables the debtor to deal with his circulating assets freely in the normal course of business, it is indispensible to especially trading companies the most valuable assets of which aren't fixed ones but circulating ones, for example trading stock and receivables. There is an amounting need for non-possessory security interest over movables and the assignment of receivables financing, which could modify the rigidity of the current regime on secured transactions in Korea. By doing so, this type of new security would increase the availability of credit and improve the terms of the credit. But, the modernization and diversification of the collateral system in Korea should be promoted so as to implement the security interest on movables and receivables.