일본 담보법제 개정 논의에 관한 소고

This article explores the recent legislative efforts in Japan aimed at overhauling its secured transactions law, with a particular focus on the formalization of contractual security interests traditionally grounded in judicial precedents and commercial practices. In response to increasing demands for diversified financing methods, especially for small and medium-sized enterprises, the Japanese government has initiated reforms to expand the legal infrastructure supporting security over movable and intangible assets, including receivables and inventory. Central to the reform is the enactment of a standalone statute that systematically regulates non-possessory security arrangements such as title retention and transfer for security purposes. The proposed legislation seeks to enhance legal certainty by defining the substantive nature and effects of such agreements, incorporating mechanisms for floating charges over future and collective assets, and clarifying rules on publicity and priority. Notably, the reform introduces both private and judicial enforcement options, while subordinating security interests established through constructive possession due to their limited public notice function. From a comparative perspective, South Korea's legal framework remains rooted in the Civil Code and is supplemented by special statutes, including the Act on Security over Movables and Claims. Despite recent advancements—particularly in the implementation of an electronic registry—the Korean system continues to exhibit structural fragmentation and lacks a unified treatment of contractual security interests. This article contends that Japan’s reform experience offers valuable implications for Korean law, suggesting the necessity of legislative integration, explicit recognition of non-possessory security rights, legal accommodation of collective collateral, and a clearer set of enforcement and priority rules to support a more dynamic and accessible credit system.