Practice Areas

Corporate Rehabilitation

Corporate rehabilitation is a legal system that adjusts the rights of interested parties, such as the creditors of a company facing the risk of bankruptcy, in order to help the company continue its business operations and repay its debts.

1. Corporate Rehabilitation | Concept

Daeryun Law Firm's explanation of the concept of corporate rehabilitation

Corporate rehabilitation is a legal system that, with respect to a company (the debtor) facing the risk of bankruptcy due to financial difficulties, adjusts the legal rights of interested parties such as creditors, shareholders, and equity holders in order to help the efficient recovery of the company or its business.

The core purpose of this system is to enable the company to repay its debts while maintaining its business operations, and it is clearly distinguished from bankruptcy proceedings, which simply dispose of assets and distribute them to creditors.

Eligibility to File for Corporate Rehabilitation

Rehabilitation proceedings may be filed by a party that meets the following eligibility requirements.

▶ Persons Eligible to File

• The debtor itself
• A creditor holding claims equivalent to 10% or more of the total capital
• A shareholder or equity holder holding shares or equity equivalent to 10% or more of the total capital

In other words, in addition to the company itself, a creditor or shareholder holding an interest above a certain ratio may also file for rehabilitation proceedings directly.

This allows interested parties to begin the legal process if they determine that the company needs to be saved, even where the company itself does not pursue rehabilitation.

2. Corporate Rehabilitation | Key Measures Taken by the Court

Once an application to commence rehabilitation proceedings is filed, the court takes various measures in stages in order to ensure the fairness and effectiveness of the proceedings.

Advance Payment of Rehabilitation Proceedings Costs and Examination of the Representative

First, the court orders the advance payment of the costs necessary for the applicant to carry out the rehabilitation proceedings, and it examines the representative.

This is an initial procedure for determining the genuineness of the application and the prospects for rehabilitation.

Decision on Preservative Measures to Protect Assets

Before the commencement of rehabilitation proceedings, if there is a risk that the debtor will manage the business recklessly or evade or conceal its assets, the court issues a decision on preservative measures to protect the assets.

Pursuant to this decision, the debtor may not engage in the following acts.

• Prohibition of acts repaying debts
• Prohibition of disposing of assets above a certain amount
• Prohibition of new borrowing of money
• Prohibition of newly hiring employees

A preservative measure remains in effect until a decision to commence rehabilitation proceedings is issued.

Stay of Compulsory Execution and Comprehensive Prohibition Order

The court may stay individual compulsory execution proceedings against the debtor's assets, and, if necessary, it may also issue a comprehensive prohibition order directed at all rehabilitation creditors and rehabilitation secured creditors.

• Prohibition of execution acts by creditors, such as attachment, provisional attachment, and auction

• Prohibition of all compulsory execution, including the enforcement of security interests

Such orders serve to preserve the debtor's business and assets, thereby ensuring the effectiveness of the establishment of the rehabilitation plan.

Points to Note When Withdrawing a Rehabilitation Application

An application for rehabilitation proceedings may be withdrawn only before the decision to commence.

However, if you wish to withdraw the application after a preservative measure, a stay order, or a comprehensive prohibition order has been issued, you must obtain the court's permission, so careful judgment is required.

3. Corporate Rehabilitation | Submission of the Rehabilitation Plan

Requirements for submitting a corporate rehabilitation plan

Pursuant to the court's order for submission, the rehabilitation plan may be submitted within the prescribed period by the following persons.

• The debtor
• Rehabilitation creditors (where listed in the schedule or where they have filed directly)
• Rehabilitation secured creditors
• Shareholders or equity holders

In addition, a creditor holding at least one-half of the total debt, or a debtor who has obtained the consent of such a creditor, may prepare and submit a rehabilitation plan proactively before the commencement of the rehabilitation proceedings.

Essential Requirements for a Rehabilitation Plan

A rehabilitation plan is not merely a repayment plan; it must be a reasonable and feasible plan that creditors and the court can accept, and it must satisfy all of the following requirements.

① No violation of the law

→ The content of the rehabilitation plan must not violate the relevant laws.

② Maintaining fairness and equity

→ There must be a fair differentiation between rehabilitation secured creditors and rehabilitation creditors, and equity among interested parties must be guaranteed.

③ Compliance with the principle of equality

→ The same repayment terms must be applied among creditors holding rights under the same conditions.

④ Guarantee of liquidation value

→ The amount repaid through the rehabilitation proceedings must not be less than the amount that each creditor would receive upon liquidation of the business.

⑤ Securing feasibility

→ The plan must have a structure that can actually be carried out, and its viability must be demonstrated.

4. Corporate Rehabilitation | Requirements for Approving a Rehabilitation Plan

Requirements for approving a corporate rehabilitation plan

For a rehabilitation plan to be approved, consent above a certain ratio is required from each group of interested parties.

▪ Consent within the rehabilitation creditors' class

Consent is required from persons holding at least two-thirds (66.7%) of the total voting rights within the relevant class.

▪ Consent within the rehabilitation secured creditors' class

There must be consent from persons holding at least three-fourths (75%) of the total voting rights of the rehabilitation secured creditors.

▪ Consent of shareholders and equity holders

Among the shareholders and equity holders with voting rights, consent of a majority (50% or more) of the total voting rights is required.

5. Corporate Rehabilitation | Autonomous Restructuring Support (ARS) Program

Before the commencement of corporate rehabilitation proceedings, the autonomous restructuring support program may be considered.

The Autonomous Restructuring Support (ARS) program is a program that briefly suspends the commencement of a corporate rehabilitation filing and supports the debtor and creditors in negotiating restructuring on their own.

Separate from the rehabilitation proceedings conducted under the court's supervision, ARS refers to a voluntary negotiation process in which the debtor consults directly with the creditors to prepare a restructuring plan.

This provides both creditors and the debtor with an opportunity to seek practical and prompt prospects for rehabilitation.

Overview of the ARS Procedure

ARS proceeds during the period from the filing of the application to commence rehabilitation proceedings until the decision to commence those proceedings.

In other words, it is a system that uses the gap before the court's decision to commence rehabilitation in order to facilitate restructuring negotiations between the debtor and the creditors.

▪ How the ARS Procedure Is Commenced

The debtor or a creditor may apply to the court to refer the matter to ARS, and the court may also recommend ARS in light of the circumstances of the interested parties.

▪ Duration of ARS

In principle, the ARS period is limited to a maximum of 3 months. Generally, an initial 1 month is granted, after which it may be extended by 2 months as needed.

However, if the court finds it necessary, an extension beyond 3 months is also possible.

▪ Measures Following the ARS Outcome

If a restructuring plan is agreed upon between the creditors and the debtor, the debtor may withdraw the application to commence rehabilitation proceedings.

(Even where a preservative measure has already been issued, the court grants the withdrawal of the application.)

If the negotiations break down, on the other hand, the court reviews whether to commence rehabilitation proceedings.

Advantages of ARS

▪ Prompt Stabilization of Legal Relationships

ARS reduces uncertainty by encouraging prompt negotiation among interested parties at the stage before the court commences rehabilitation proceedings.

▪ Promotion of Voluntary Negotiation

Because the parties prepare a restructuring plan directly, without the court's intervention, practical and realistic solutions can be developed.

▪ Improved Procedural Efficiency

Through ARS, unnecessary legal disputes and costs before the commencement of rehabilitation proceedings are reduced, supporting a smooth corporate rehabilitation.

6. Corporate Rehabilitation | A Strategy for Rehabilitation

For corporate rehabilitation, the first step is to confirm whether the company meets the eligibility requirements to file for rehabilitation.

Depending on the size and circumstances of the company, the procedure can be complex and demanding, and it requires careful strategy and specialized knowledge, from preparing the relevant documents to conducting the proceedings with the court and negotiating with creditors.

This firm provides legal solutions across all areas of insolvency, including corporate rehabilitation, corporate bankruptcy, individual rehabilitation, and individual bankruptcy, with rehabilitation and bankruptcy attorneys, accountants, and tax advisors cooperating closely.

In addition, even after the rehabilitation proceedings conclude, the firm provides comprehensive follow-up services, including legal advisory and responses to additional litigation, supporting the protection of the client's rights and a stable return to normal business operations.

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Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Performed numerous personal rehabilitation/bankruptcy applications

Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

Performed rehabilitation/bankruptcy procedures for many companies

Attorney SeongMoon CHOI

SeongMoon CHOI

T. 070-5221-2805

Court personal/corporate bankruptcy trustee experience

Attorney Dae Hee KANG

Dae Hee KANG

T. 070-5117-5510

Performed multiple corporate rehabilitations

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