This study has subtended the range within compulsory execution of corporeal movables in the civil enforcement act and has suggested the problem and improvement plans about the regulation and practical procedure from the significance of compulsory execution to compulsory execution of corporeal movables, the attachment subject and its procedure.
It is summarized as follows.
First, regarding the significance of compulsory execution, it has described the legal procedure to realize the performance right in executive power for creditors based on state power and has researched and arranged which procedure has been performed based on which basic principle.
Second, concerning the significance of compulsory execution of corporeal movables and the attachment subject, specifically in the range of corporeal movables, movable property in the civil enforcement act, the independent subjects that can be traded as fixtures that can not be registered, previous fruit of separated land that can be harvested within 1 month, securities that are not prohibited to endorse, corporeal movables of debtors and their spouse's co-ownership have been researched. Also, the cases that corporeal movables can be attached and the limitation and prohibition of corporeal movables have been confirmed.
Third, in the process of compulsory execution of corporeal movables, the registration of compulsory execution is fragmented and the ability and method of execution mandator, the withdrawal of execution mandate, the effect of execution mandate and special mandate, the designation and notice of execution day and time have been enumerated, In addition, in the procedure of corporeal movables attachment, the subjects about the preservation, inspection, collection, transfer order and execution competition and appraisal of attachment have been confirmed. In the process of sale, a public notice of sale and auction procedure of the price asked have been described. Also, in the procedure of dividend, the range of dividend claimant, the way and the procedure of dividend claim, the time and effect of dividend claim and spouse's payment claim have been examined. and arranged.
When unspecified individuals participate in the sale procedure of compulsory execution for immovables or corporeal movables and it is sold at appropriate prices, creditors and debtors can be preserved from loss when it is sold.
The procedure delay and prohibition of compulsory execution can be forbidden in debtors' side and also purchasers' status insecurity and inconvenience can be eliminated by purchasers' grasping something to sell transparently and not being damaged unexpectedly. Furthermore, it is the ultimate object of civil executive act that debtors' right to live is not menaced.
Fourth, in the conclusion, the regulation of the compulsory execution in civil executive act and the problems of civil executive act and enforcement regulations have been analyzed, researched and the improvement plans have been suggested.
The nation should make the terms or the procedure of compulsory execution be simplified so that it can be realized fast and surely. Also, for creditors' satisfaction, the proportional principles between satisfaction and sacrifice should be valued so that debtors can not be sacrificed fatally. In addition , over- attachment and non-surplus attachment should be prohibited and the execution at night, on holidays should be limited within the range so that creditor's benefits are not infringed.
The benefits of compulsory execution procedure of corporeal movables are fast and clear execution and the economical efficiency. When the procedure of compulsory execution procedure is delayed, creditors are not satisfied and the reliability of compulsory execution institution can be diminished and the basis of dealings on credit can be risky and the idea of duty performance or the law-abiding spirit can be faded.
Civil executive act is a single law and further studies and legislation theories are necessary to realize its ideal consistently as its history is short.