채무자 회생 및 파산에 관한 규칙 일부개정이 바꾸는 관리위원회 설치법원: 제13조가 가리키는 별표 1 정비

무엇이 바뀌었나

The reasons for amendment in the original text of the National Law Information Center state that, as the Act on the Establishment and Jurisdictional Areas of Courts at Each Level (Act No. 20605, partially amended December 20, 2024, effective March 1, 2026) is amended to provide for the establishment of the Daejeon Rehabilitation Court, the Daegu Rehabilitation Court, and the Gwangju Rehabilitation Court, the relevant provisions are to be reorganized. The principal contents are the respective changes, among the courts establishing a Management Committee, of Daejeon District Court to Daejeon Rehabilitation Court, Daegu District Court to Daegu Rehabilitation Court, and Gwangju District Court to Gwangju Rehabilitation Court (Table 1), and the amendment of the Rules on the Special Account for Registration as to the Supplementary Provisions (Article 3 of the Supplementary Provisions).

The body of the amended text consists only of "Table 1 shall be as follows," and not a single provision of the body has been changed. The page of the comparison table of old and new provisions also states that where the body is not amended and only the Table is amended, a comparison of the old and new law is not provided. Article 13, recorded in the articles of this note, is the provision serving as the basis for drawing in Table 1, and the wording of Article 13 paragraph (1) (the Rehabilitation Court establishing a Management Committee under Article 15 of the Act shall be as set forth in Table 1) and the marking of amendment as of February 2, 2017 have not been changed on this occasion.

Article 1 of the Supplementary Provisions sets the effective date of March 1, 2026. Article 2 paragraph (1) of the Supplementary Provisions applies these Rules also to Cases pending in a court at the time of enforcement, but without affecting effects arising under the previous provisions; paragraph (2) deems the Case Records of the Daejeon, Daegu, and Gwangju District Courts, which have already been finalized or preserved and fall within the Jurisdiction of the Rehabilitation Court, to have been transferred to the respective Rehabilitation Courts. Article 3 of the Supplementary Provisions adds the three Rehabilitation Courts to the lists of excluded courts in Table 1 and Table 3 of the Rules on the Special Account for Registration.

조문으로 확인할 것

The materials verified are the reasons for enactment and amendment and the amended text in the original link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=280737), the notice on the page of the comparison table of old and new provisions, the body page, and the current Article 13 (effective March 1, 2026) and Article 15 of the superior Act (Establishment of Management Committee), accessed through the Korean-language address of the National Law Information Center on 2026-10-16. Article 15 of the superior Act provides that a Management Committee shall be established at each Rehabilitation Court as prescribed by the Supreme Court Rules.

The files of Table 1 (hwp, hwpx, pdf) were not opened. Accordingly, the entire list of Table 1 is not reproduced, and only the change of the three courts stated in the principal contents of the reasons for amendment is recorded. The body of the Act on the Establishment and Jurisdictional Areas of Courts at Each Level and the original text of the Rules on the Special Account for Registration were likewise not opened on this occasion.

The provision to be read together is Article 13 paragraph (2). Because a Rehabilitation Court may commission the Management Committee of another Rehabilitation Court to perform the affairs of Article 17 paragraph (1) of the Act and Articles 22 and 27 of these Rules, when examining the list of establishing courts, the wording of this commission provision must be checked together.

입법에 묻는 것

Article 2 paragraph (1) of the Supplementary Provisions applies the new Rules also to pending Cases while preserving effects arising under the previous provisions. Is the boundary, on the wording of the Rules alone, between acts already taken by the Management Committee of the previous District Court before enforcement and the affairs succeeded to by the Management Committee of the Rehabilitation Court after enforcement, clear?

Article 2 paragraph (2) of the Supplementary Provisions deems only the transfer of Case Records already finalized or preserved. Which provision prescribes the transfer of Records of Cases pending at the time of enforcement? This cannot be confirmed within the scope of the original text of these Rules.

Because the courts at which a Management Committee is to be established are prescribed only in a Table, an amendment changing the entire Table is repeated each time a Rehabilitation Court is created, and in that case a comparison table of old and new provisions is not provided, making it difficult for the reader to confirm the changed scope. Could not a method be considered of publishing together a before-and-after comparison of the Tables in the promulgated document?

다시 볼 조건

This note will be rewritten if the original file of Table 1 is opened and the entire list is confirmed, or if additional Rehabilitation Courts are established and Table 1 is changed again. At that time, whether the wording of Article 13 and Article 15 of the superior Act have also been changed will be checked against the original text.

If transitional provisions on the transfer of Records of pending Cases or on the transfer of Jurisdiction are confirmed in the Supplementary Provisions of the Act on the Establishment and Jurisdictional Areas of Courts at Each Level or elsewhere, they will supplement the reading of Article 2 of the Supplementary Provisions.