최근 기업회생제도에 관한 채무자회생법의 개정 내용 및 법적 개선 과제

The corporate rehabilitation system of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the “DRBA”) is internationally evaluated as an advanced bankruptcy system. The corporate rehabilitation system has undergone several major revisions since 2015 to expedite the process and raise new funds. Improvement of the pre-plan submission system, also called Korean-style pre-pack, revision of the Debtor Rehabilitation Act regarding the maintenance of priority for new fund claims in case of bankruptcy for smooth procurement of new funds, and establishment and expansion of the Rehabilitation Court, a specialized bankruptcy court. This paper introduces the recent revision of the DRBA related to the corporate rehabilitation system, and try to identify the limitations of the revised law and legal issues for improvements. Furthermore, for active research to improve the legal system, this paper will introduce the recommendations of the International Monetary Fund (IMF) for law revision after the evaluation of Korea's insolvency system(2020 FSAP) and recent introducing the revised business insolvency section of the World Bank's Business Environment Assessment (B-Ready).