회생절차상 민사집행에 관한 고찰

The Debtor Rehabilitation and Bankruptcy Act regulates the legal relationships of interested parties, such as creditors, shareholders, and equity holders, with the involvement of the court, for debtors, such as individuals and corporations, who are in financial distress due to financial difficulties. The purpose of this Act is to promote efficient rehabilitation of the debtor, or to fairly exchange and distribute the debtor's property that is difficult to rehabilitate. Insolvency procedures, such as rehabilitation, individual rehabilitation, and bankruptcy, which are collective settlement procedures for claims and debts, apply special legal principles, which are different from general procedures such as civil lawsuits and civil executions, which are individual solutions. In other words, while recognizing the ‘same effect as a final judgment’ on the claims listed on the list of creditors, such as rehabilitation claims and rehabilitation security rights, the rights are exercised within the relevant rehabilitation procedure. In Korea's bankruptcy procedure law, the establishment of a relationship between rehabilitation procedures and civil civil enforcement procedures is insufficient, so rehabilitation procedures are very delayed, so this must be properly supplemented.