債務不履行者名簿制度에 관한 硏究

Under the current law system in Korea, The Registration System of Judgment Debtor pursuits the effect of indirect coercion which is derived from the motivation to avoid the damage to the honor or credit, and performs the function of contributing to the safety and protection of transactions by allowing general public to inspect the credit status of potential counterparty. This system is expected to be used much more in the future as it serves as an effective means of assistance for forced execution However, the current system is too harsh by excessively infringing upon the rights and interests of the debtor, and can make it difficult for the debtor to have the opportunity to reimburse or rehabilitate through income activities. Therefore, I think the current regulations need to be improved. It has been 30 years since this system was implemented. Now It is believed that it has been settled as a means of indirect compulsion which is sufficiently effective. I believe that if we refine the current system by harmonizing the interests of creditors and debtors, and we can develop it into a system that is more compatible with the spirit of the Constitution.