프랑스 국제도산법의 소개 및 우리 법과의 비교

Cross-border insolvency denotes the situations arising out of insolvency involving extraneous aspects. The importance of its study has undoubtedly become greater with the expansion of international trade and the succession of economic instabilities, and this trend particularly concerns Korea which has a high degree of trade dependence and is currently under the considerable influence of the shipbuilding and shipping industries crisis. The historical collapse of Hanjin Shipping in February 2017 is an eloquent example of the trend. The differences in each State's approach concerning cross-border insolvency cases require Korean jurists to individually analyse the state of law of each State in which Korean natural or legal persons are established or have assets. Basic knowledge on French law regarding this matter seems today desirable given the substantial increase in the volume of trade between France and Korea which took place during last 10 years, with now near 16 000 Koreans and 45 Korean companies established in France. The present article purports to both introduce French cross-border insolvency law to the Korean public and offer a comparative analysis. In order to expose the manner in which cross-border insolvency cases are treated in the French legal order, this article raises questions of international jurisdiction, recognition and enforcement of foreign insolvency proceedings or judgments, concurrent proceedings and applicable law. Although entirely revised in 2006, Korean cross-border insolvency law has been, since many years, subject to significant criticism, some of which even involve the essence of the modified universalism theory to which Korea claims to adhere. Pending a further revision of the Korean state of law, the author hopes to bring a modest contribution through the present study.