면책채권의 양도와 면책채무의 상속에 관한 연구

In accordance with the Debtor Rehabilitation And Bankruptcy Act, debtors who have completed rehabilitation procedures, bankruptcy procedures, and individual rehabilitation procedures are exempted. There are legal disputes regarding the effect of immunity, which is natural obligation view and extinction of debt view. Natural obligation view is that as a result of the extinction of liability, immune obligations remain in the form of natural debt. On the other hand, extinction of debt view believes that the debts are extinct due to immunity. The differences between the two views surrounding the effect of immunity have a wide range of effects on the substantive and procedural legal issues about the assignment of immune claims and inheritance of immune obligations. However, according to extinction of debt view, the debt itself to be assigned or inherited is extinct. On the contrary, natural obligation view insists immune obligations can be assigned or inherited according to the general theory of natural obligation. In other words, almost all disputes over the assignment of immnue claims and inheritance of immune obligations lie in the natural obligation view. This paper discovered specific legal issues when the immune obligations were assigned or inherited and examined substantive and procedural legal relations in accordance with natural obligation view. this paper reviewed the assignment of the immune claims by dividing it into before and after the immunity ruling, and demonstrated the inheritance of the immune obligations focusing on the simple acceptance, qualified acceptance, and renunciation of inheritance. Finally, this paper urges the adoption of extinction of debt view, pointing out that the debtor suffers unnecessary pain due to natural obligation view.