가압류; 가처분; 해방공탁; 담보; 강제집행; 보전처분; provisional seizure; provisional disposition; injunction, deposit; civil provisional remedies; release from a provisional seizure
법학논총, 2012, 29(4), P.435-450, 16P.
The creditor would proceed to file a lawsuit to get a judgment to collect his claim. But unfortunately the chances are that, knowing the complaint was filed, the debtor would try to conceal or transfer his assets to evade from the judgment to be made later. This shows why provisional seizure is highly required to secure the judgment to be obtained. But an order and executing of provisional seizure is a suffering to debtor. Money for release from a provisional seizure is for this debtor. ‘Civil Execution Act’ of Korea states about release from a provisional seizure. Article 282 states that “an order for provisional seizure must specify the amount of money that the debtor must deposit in order to obtain a stay of execution of a provisional seizure or in order to have a provisional seizure that has already been executed revoked.” There are several discussions regarding release money from a provisional seizure. Can debtor deposit securities for release money? Article 282 apply correspondingly to provisional disposition? We have to take a theoretical approach to these discussions not by legal characteristics of money for release from a provisional seizure, but by purpose of money for release from a provisional seizure.