한국의 중소기업회생법제를 통한 몽골의 도산법제 개선방안 연구

In this article, We introduced the debtor rehabilitation law of Mongolia and made comparative study with the legal system of debtor rehabilitation in Korea. So we extracted the implications and improvement directions for the debtor rehabilitation system in Mongolia. Especially, in Mongolia, the number of Small and Medium sized Enterprises(“SMEs”) is high and the ratio of SMEs in mongolian economy is very high. Therefore, we have tried to draw up legal and institutional tasks that can respond to SMEs’ rehabilitation easily, quickly and cost effectively. As a result, we suggested Mongolia should introduce Korea’s “simplified rehabilitation procedure” to improve the debtor rehabilitation system so that SMEs can proceed with the rehabilitation process promptly. We also suggested that Mongolia should introduce Korean system of “free-packaged plan”, “fast-track system”, and “rehabilitation consulting” so as to implement the rehabilitation of the SME debtors with temporary financial difficulties. In addition, the authority and role of bankruptcy custodians and creditors’ councils in Mongolian debtor rehabilitation act need to be more clearly defined, and we suggested that it is necessary for Mongolia to have education programs that can improve the awareness and legal informations of the debtor rehabilitation for all participants such as creditors, debtors, courts and the bankruptcy custodians.