간이회생절차의 주요 내용과 신청방법

The rehabilitation proceedings are categorized into individual rehabilitation proceedings and corporate rehabilitation proceedings depending on the types of creditor. The amendment bill of Debtor Rehabilitation and Bankruptcy Act(DRBA), December, 30, 2014. stipulates that corporate rehabilitation proceedings can be replaced by simplified rehabilitation proceedings for debts not exceeding 3 billion won. This paper aims to study the major contents of simplified rehabilitation proceedings which has been enacted for 1 year so far and help this proceedings run in more effective and reasonable ways by organizing the ways to apply this proceedings. The major contents of simplified rehabilitating proceedings are as follows: ① Managerial staff or court officials, instead of lawyers or accounting firm, can investigate in simplified ways, ② In assembly of related persons, it is considered that rehabilitation plans are approved in cases when voters who has more than two thirds of total sum of rehabilitation creditor's voting rights consented or voters who has more than a half of rehabilitation creditor's voting rights consented. And when applying to begin simplified rehabilitation proceedings, it is needed to fill out the form with the following information: ① the name of individual debtor, and his/her social security number and address ② the name of firm, head office or the location of business office, the name of debtor's representative when debtor is non-individual ③ the purpose of applying for simplified rehabilitation proceedings ④ the cause of applying simplified rehabilitation proceedings ⑤ debtor's business activities and his/her financial conditions ⑥ the amount of debt and evidence that proves they are small business income earners ⑦ an expression of his/her intention for applying to begin rehabilitation proceedings.