선제적 자율구조조정 절차 마련을 위한 대체적 분쟁해결제도(ADR) 도입 가능성 검토

The Restructuring is the most desirable and ideal form of self-government in the private realm. In other words, when private arrangements are prioritized and legal procedures complement the private arrangements, the most desirable restructuring model can be. In the case of bankruptcy under our legal system, which is not obligated to file for bankruptcy, it is necessary to consider a method of first reviewing whether private restructuring(debt restructuring) is possible with the cooperation of creditors instead of applying for legal proceedings immediately. When legal proceedings commence, bankruptcy will be disclosed, causing credit instability and risking loss of customers and customers. However, because private restructuring is flexible, it can overcome economic difficulties with minimal coping, and can have an opportunity to rebuild without notifying stakeholders of bankruptcy. In order to introduced ADR in private restructuring, the following issues are to be resolved. First, as prerequisites for the introduction of ADR, ① setting the basic direction and ② securing reliability and fairness of the procedure should be discussed. Second, when introducing ADR, consideration should be given to: ① the ADR's operating entity, ② application for procedures, ③ guaranteeing the possibility of debt adjustment, and ④ legal protection in terms of procedural linkage.