국제도산절차에서의 선박우선특권의 취급에 관한 연구 - 대우로지스틱스 사건을 중심으로 -

The bankruptcy of a shipping company is characterized by cross-border insolvency due to ship mobility, the need for vessel financing, and the practice of the flag of convenience. Accordingly, in case a shipping company of Korea faces bankruptcy, in addition to filing an application for starting a procedure in domestic courts, it is required to promptly apply to the foreign bankruptcy court for a decision on recognition of the rehabilitation proceedings of the Korean court and a stay order. In addition, it is not enough to apply for an approval or suspension order to a foreign court at the decision stage of the rehabilitation process in the Republic of Korea. In closing the rehabilitation proceedings, additional measures should be taken to the foreign bankruptcy court. The case is that the shipowner's vessel is seized due to the fact that the representative of the shipping company of the Republic of Korea does not take any additional action, and specifically mentions the above additional measures. And the case is based on the dominant position of the US case where only an admiralty court can sell a ship without the burden of all lien. In this paper, the representative of the shipping company reviewed the measures to be taken in order to have the immunity effect in the United States at the end of the rehabilitation process of the Republic of Korea and reviewed the legislative direction of the UNCITRAL Model Law on the treatment of ship privilege in the bankruptcy proceedings.