도산절차가 민사소송절차에 미치는 영향

‘Debtor Rehabilitation and Bankruptcy Act’ let bankruptcy court make final and conclusive confirmation after inspection within its own prompt summary procedure without executive titles from a separate civil action. These judgement has the same effect as confirmation judgement of civil court, and creditors can exercise their rights within rehabilitation, bankrupt, and individual rehabilitation procedure(abbreviate to ‘the bankruptcy procedure’). The main issues in ‘the bankruptcy procedure’ related to civil procedure are first, whether even after commencement of rehabilitation procedure, bankruptcy declaration, commencement of individual rehabilitation procedure(abbreviate to ‘the commencement of bankruptcy procedure’), creditors can file a separate civil lawsuit on the ground of rehabilitation claims or security rights, bankruptcy claims, individual rehabilitation claims which are entered in the list of individual rehabilitation creditors. Second, how ‘the commencement of bankruptcy procedure’ affects pending civil litigation in case that civil lawsuit is already filed before ‘the commencement of bankruptcy procedure’(The filing of a bankruptcy petition does not automatically stays civil action under ‘Debtor Rehabilitation and Bankruptcy Act’). Considering the purpose of ‘Debtor Rehabilitation and Bankruptcy Act’ and process of confirmation after inspection within ‘the bankruptcy procedure’ and stability of the bankruptcy system, I think that after ‘the commencement of bankruptcy procedure’ creditors must be prohibited from filing a new separate civil lawsuit. And if creditors file a civil lawsuit before ‘the commencement of bankruptcy procedure’, the pending civil litigation must be dealt differently according to the nature of the lawsuit and the result of the confirmation after inspection.