기업집단 국제도산 원활화에 관한 UNCITRAL에서의 논의와 평가

Since 1990 on an international scale, there have been frequent occurrences of international insolvency of multinational enterprise, and UNCITRAL has been working to add regulations on the Model Law on the Cross-border Insolvency. In the European Union, the revision of the EC Regulation on insolvency proceedings in 2015 reflected some articles about the international insolvency of multinational enterprise. The Korean Debtor Rehabilitation and Bankruptcy Act, which was enacted in 2006, abandoned the existing principle of territoriality and adopted the principle of universality. This established new regulations on the international insolvency in chapter 5, but did not provide any regulations on multinational enterprises. In Korea, the international insolvency cases of multinational enterprise have not been emphasized, and discussions on the enactment of related laws are rarely executed. However, considering many domestic and overseas subsidiaries of the multinational enterprises and the characteristics of governance structure, if the long-term economic recession persists for a prolonged period of time, the possibility of international insolvency of multinational enterprise cannot be disregarded. According to the existing system as per the Korean Debtor Rehabilitation and Bankruptcy Act, in the case of an international insolvency of multinational enterprise, the domestic bankruptcy court of the country having COMI should continue with the individual bankruptcy proceeding in accordance with the domestic law without consideration of ‘the enterprise context’. The method by which these problems are resolved is called ‘facilitating the international insolvency proceedings of multinational enterprise’. This paper introduces recent discussions at UNCITRAL on this topic.