재산명시제도의 개선방안에 관한 연구 = A study on the improvement of the Property Specification System

다국어 초록 (Multilingual Abstract)

The purpose of the property specification system of the Civil Execution Act is to accurately and quickly capture the information of the debtor's property in the compulsory execution process, which is a factual dispute resolution process. Enacted in 2002, the Civil Execution Act introduced the detention system as a measure of restraint and the property information inquiry system as a means of verification into the property specification system to enhance the effectiveness of the existing system. More than 20 years have passed since the enactment, but many questions arise on the effectiveness of the current system. In this context, the present study aimed to make an objective research and recommendations for improvements.  First, in order to identify the problems of the property specification system, statistics and data showing the current status of the following are analyzed: system utilization status, procedure duration and final data, restraint status (e.g. on detention operations and criminal punishment), etc. In addition, problems of practice are identified through interviews with those involved and analysis of preceding studies.  In the analysis, the underlying causes that contribute to the decline in effectiveness were identified: prolonged period for specification of property, underutilization of property lists due to its limited coverage (i.e. perfunctory submission of property lists), sanctioning power of the detention system being weakened, limited role of the property information inquiry system, etc. These factors revealed the structural limitations of the current property specification sys- tem, since it requires sincere cooperation of the debtor.  Accordingly, two plans are proposed respectively to enhance the effectiveness of the current system. One is to increase promptness and accuracy while maintaining the framework of the system as far as possible, and the other is to fundamentally improve the matters on the agent, operation methods, detention system, etc. Furthermore, in order to overcome the structural limitations of the current property specification system, which requires sincere cooperation of the debtor, a proposal for strenghening the use of the property information inquiry system, which is not based on the cooperation of the debtor, is also included.  This study is significant in that it objectively presents the limits and weaknesses of the current property information inquiry system. In order to overcome the structural limitations of the property specification system and quickly and accurately investigate property information, there is a need to develop an integrated property information inquiry system that is based on information and communication technologies and financial information networks. However, since it requires social discussion and time, the strategy to improve the matters on the agent and operation methods of the current property specification system should be combined.