채무자 회생 및 파산에 관한 법률 타법개정이 바꾸는 회생위원 자격: 제601조제1항제4호 직명 정비

무엇이 바뀌었나

This change is not an amendment directly revising this Act but an amendment consequent upon the enactment of the Prosecution Service Act. The reasons for enactment and amendment stated in the original text on the Korea Law Information Center are the reasons for the enactment of the Prosecution Service Act, and state that, pursuant to the amendment to the Government Organization Act abolishing the Prosecutors' Office and newly establishing the Prosecution Service under the Minister of Justice and the Serious Crime Investigation Agency under the Minister of the Interior and Safety (Act No. 21065), it seeks to prescribe matters necessary for the organization of the Prosecution Service, the duties of prosecutors, personnel, and other operations. There is no reason in the original text for changing the rehabilitation or bankruptcy system itself.

The amendment text (Supplementary Provisions of the Prosecution Service Act, Article 9 (47)) provides only that in Article 601 (1) 4, "Assistant Court Secretary·Assistant Prosecution Secretary" shall read "Assistant Court Secretary·Assistant Criminal Judicial Affairs Secretary" (notation corrected in transcription). The table of comparison of old and new provisions also indicates that subparagraphs 1 through 3 and 5 through 7 of the same paragraph, and paragraphs (2) through (5), remain the same as the current provisions.

Article 601 (Appointment and Dismissal) is a provision located in Part IV Individual Rehabilitation Proceedings, Chapter 3 Rehabilitation Commissioners, and specifies, in subparagraphs 1 through 7, persons whom the court may appoint as a rehabilitation commissioner upon application of an interested party or ex officio. What has changed this time is one official title appearing in the career requirement of subparagraph 4.

조문으로 확인할 것

The materials reviewed were the reasons for enactment and amendment, the amendment text, and the table of comparison of old and new provisions (compared with the previous Act No. 20577) at the original text link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290631), the book and chapter structure of the body page, and the current Article 601 opened via the Korean-language address of the Korea Law Information Center on 2026-10-16 (in force October 2, 2026). The current subparagraph 4 reads "a person who has experience working in a position of Assistant Criminal Judicial Affairs Secretary or higher" (notation corrected in transcription).

There are also matters that could not be confirmed. Because the original text page omits the body of the Prosecution Service Act and Supplementary Provisions Article 2 through Article 8, they could not be opened, and the establishment statute or the civil service appointment legislation prescribing the official title of Assistant Criminal Judicial Affairs Secretary was not reviewed either. Accordingly, this note does not determine how prior experience as an Assistant Prosecution Secretary is reflected in the amended subparagraph 4.

입법에 묻는 것

Subparagraph 4 requires "experience working" in a position of a certain rank or higher. Does the experience of a person who worked as an Assistant Prosecution Secretary or higher before 2026-10-02 fall, as it stands, within "a position of Assistant Criminal Judicial Affairs Secretary or higher" in the amended wording, and do the transitional measures in the Supplementary Provisions of the Prosecution Service Act or the establishment provisions expressly provide for this?

The main content of the reasons for enactment of the Prosecution Service Act states that former employees of the Prosecutors' Office shall be deemed affiliated with the Prosecution Service but may be appointed as civil servants of other State agencies, such as the Serious Crime Investigation Agency, in accordance with their own wishes (Supplementary Provisions, Article 7 (1)). Is legislative explanation not needed as to how the previous experience of persons who have moved to other agencies in this manner is treated in the qualification requirements for a rehabilitation commissioner?

Because the reasons for amendment consist only of the reasons for the enactment of the Prosecution Service Act, the original text contains no explanation of what it means for individual rehabilitation practice to continue to include experience as Prosecution Service personnel among the qualifications for a rehabilitation commissioner. Was there no need to reconsider the scope of the qualifications beyond the adjustment of official titles?

다시 볼 조건

This note will be revised if the original text of the transitional measures in the Supplementary Provisions of the Prosecution Service Act, or the establishment provisions prescribing the official title of Assistant Criminal Judicial Affairs Secretary, is opened and reviewed, or if Article 601 (1) is amended again. At that time, the method of computing experience under subparagraph 4 will be compared against the statutory text.

Where the provisions concerning the appointment of a rehabilitation commissioner in subordinate legislation such as the Rules on Debtor Rehabilitation and Bankruptcy are adjusted to accord with the Prosecution Service system, they will be reviewed again together.