도산법학의 방법론 - 법적 방법을 중심으로 하여 -

The rapid social change that is taking place has a great impact on the law. Because of this, the common types and common distinction of the forms of modern law such as civil law, criminal law, judicial law and public law etc are changed into new forms. This new form of law can be defined the professional law. Used to rehabilitate debtors who are on the risk of bankruptcy due to economic deterioration, Insolvency law such as the Debtor Rehabilitation and Bankruptcy Act, which may be defined the professional law. This article defines the Insolvency law as the professional law. On the other hand, the following questions were raised regarding the professional law. The professional law compared with the traditional modern law, What kind of character does it have? what methodologies are applied to the professional law? which is research subjects for the professional law? Therefore, this article intends to focus the discussion on the methodology of professional jurisprudence, especially the methodology of insolvency jurisprudence. First, as discussions on the methodologies of insolvency law, the integrated science methodology and the interpretation policy of insolvency law will be reviewed. And based on this, the method of insolvency jurisprudence distinguishes between legal methods and non-legal methods. As for legal methods, systematic methods and comparative methods are reviewed. This article defines the insolvency law as the professional law. In order to properly apply and interpret and improve the system, what methodology should be sought in this jurisprudence methodology? Professor Kwon Jong-geol's research contents were introduced and analyzed of comparative methods in insolvency law, so I introduced and analyzed his research contents. Applying the professional law, insolvency law will have to be further investigated in the future.