독일 도산법상 자기관리제도의 개정과 보호막절차의 도입

Abstract

The German Insolvency Act, being enforced since 1. Jan. 1999, has been amended until today several times, but the amendment of 2011 was an essential revision of it in terms of its scale and contents. Discussions on this amendment begun on July 2010, focusing on rehabilitation of corporations, and the German Government submitted the draft of “Gesetz zur weiteren Erleichterung der Sanierung von Unterhehmen” to the German Parliament. This Bill passed Bundestag on 27. May 2011, and Bundesrat on 25. Nov. 2011. Finally it was announced as Gesetz zur weiteren Erleichterung der Sanierung von Unterhehmen (ESUG) under the Federal Official Gazette of Germany. Articles 4, 5, 7 and 8 of this Act will come into force from 1. Jan. 2013, and the rest of them are already in force since 1. Mar. 2012. This article is on the amendment of Self-Management System which has very close relationship with the rehabilitation of corporations. Protection-Shield Proceedings(§ 270b InsO) that became valid since Mar. 2012 is the main substance of the amendment. German Self- Management System is similar to modified DIP(Debtor in Possession) System in Korea under § 74 (2) Korean Debtor Rehabilitation and Bankruptcy Act because they both appoint debtors as trustees of debtor’s property, but their specific procedure shows considerable differences. Thus, this article closely figured out details of German Self- Management System, the amendment on it through ESUG, and the Protection-Shield Proceedings. Furthermore, it examined modified DIP System in Korea which has similarity with German Self-Management System, considering Korean System’s institutional meaning. Lastly, the article made reflections on the implications that the amendment of German Self-Management System can suggest to Korean Insolvency Acts.