재산명시 선서 및 재산조회 제도에 관한 연구

Abstract

Property Disclosure' is the measure that the court let debtors submit the property list describing their current property and the property disposed within the certain period and announce the trustworthiness of the list in the court when a debtor does not pay the debt. It plays a role of supplementary measure of forcible execution.

'Property Inquiry' is the measure that creditor can ask the network of banking organ and other related institution to reveal the debtor's property status by the application to the court and find out the intentionally property of a debtor for avoiding the mandatory levy. It was newly introduced in July, 2005.

'Property Disclosure' and 'Property Inquiry' both have an important meaning in terms of protecting the creditor over insincere and ill-intentioned debtor. However, current practices of these measures have also some problems. Despite several modifications, the effectiveness of the measure has not yet been proved. Also the issue of protecting a debtor's privacy should be solved. Until now, there have been some loop holes in the law. Therefore, each law needs to be improved as the following.

Firstly, to improve the effectiveness of 'Property Disclosure', we should strengthen criminal penalties and prepare a device to ensure that the debtor attends the court.

Secondly, we need to seek for the harmony of realizing the right of a creditor and protecting the privacy of a debtor. We thus need to prepare the regulation for preventing the information revealed by 'Property Disclosure' from being abused with a bad purpose. Also, we need to reinforce the protection of debtor's privacy by stipulating in writing that the day of 'Property Disclosure' should be held behind closed doors.

Thirdly 'Property Disclosure' and 'Property Inquiry' need to be made up for the weak points. Especially bankruptcy measurement in the middle of the Property Express procedure needs to be stipulated in writing. Also, the court responsible for practicing 'Property Disclosure' and 'Property Inquiry' should try to harmonize the mutual interest of both creditors and debtors in the specific case. In case of 'Property Inquiry', it is peculiar in Korea. so, the National assembly should establish the complementing laws in the near future.