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Hyo Jong Choi, head of the Insolvency Team at Lin, together with Jinsoo Yoon, Professor Emeritus and Doctor of Laws at Seoul National University School of Law, published a research paper titled "Economic Analysis of Collateralized Trusts: Focusing on the Issues of Insolvency Insulation" in the Journal of Law and Economics published by the Korean Society of Law and Economics.
In the paper, Hyo Jong Choi argued that the Supreme Court's precedent recognizing the insolvency insulation of collateralized trusts is inconsistent with the general insolvency doctrine, that it is difficult to find cases in other countries that grant insolvency insulation to collateralized trusts, and that the market impact of a change in the precedent is unlikely to be as large as expected, so it is worth considering a change in the Supreme Court's precedent.
The article is likely to be of great reference to PF companies in the real estate sector that have been facing difficulties in the recent past and are facing insolvency proceedings. The full text of Mr. Choi's article can be found in Volume 20, Issue 1 of the Journal of Law and Economics published by the Korean Society of Law and Economics.
In the paper, Hyo Jong Choi argued that the Supreme Court's precedent recognizing the insolvency insulation of collateralized trusts is inconsistent with the general insolvency doctrine, that it is difficult to find cases in other countries that grant insolvency insulation to collateralized trusts, and that the market impact of a change in the precedent is unlikely to be as large as expected, so it is worth considering a change in the Supreme Court's precedent.
The article is likely to be of great reference to PF companies in the real estate sector that have been facing difficulties in the recent past and are facing insolvency proceedings. The full text of Mr. Choi's article can be found in Volume 20, Issue 1 of the Journal of Law and Economics published by the Korean Society of Law and Economics.