개인파산제도에 있어 면제재산 제도의 적정성 제고 방안

The current system of Exemption has ① wide gaps with Abandonment, ② duplicate rule of key money for household, ③ limit of Motion to Exemption, and ④deficient concern for Self-Support. I propose some Improvements at the standpoint of Interpretation, Bankrupt Practices, and Legislation. Theoretically, it is necessary to establish standard on Abandonment ; key money within limitation shall be treated Naturally Exempted, and that not meeting requirements shall be Surrendered by less stringent standards ; the contents of Living Expenses(￦9,000,000) shall be decided mainly by the intention of the debtor ; and Household, Vehicles, Key Money for place of business with limitation shall be surrendered for Self-Support of the debtor. Pratically, Limit of ￦9,000,000 shall be returned to the debtor from the Proceeds from the sale of Nonexempt Properties ; and it shall not be Exempted if unknown properties are found after the Declaration of Bankruptcy. In legislative view, Household, Vehicles, Key Money for place of business with limitation shall be Exempted ; all the Exemptions shall be unified in Natural Exemptions ; and Living Expenses shall be stipulated by Law of Bankruptcy irrespective of Civil Execution.