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    저성과자 구조조정, 어떻게 실행해 나갈 것인가
    2025-04-28

    노동팀 뉴스레터 제11호 (03) 노동칼럼

    1. 들어가며

    저성장 위기 속에서 기업들은 다양한 방식으로 경영 악화를 타개하기 위해 노력한다. 근본적으로는 새로운 성장 동력 확보가 중요하겠지만, 비용 지출을 줄이기 위한 노력을 병행하는 경우가 많다. 그리고 인건비 절감 차원에서 저성과자를 중심으로 한 구조조정 방안은 언제나 빠지지 않고 논의되는 대책 중 하나다.

    2. 저성과자 해고(통상해고)는 여전히 까다롭다

    Filed under:
    South Korea, Employment & Labor, Insolvency & Restructuring, Litigation, Yulchon LLC
    Authors:
    Yeon Chang Song
    Location:
    South Korea
    Firm:
    Yulchon LLC
    Termination of Lease During CIRP and the Scope of Moratorium under Section 14 of IBC: A Legal Conundrum Revisited
    2025-04-25

    A recent judgment by the Hon’ble National Company Law Appellate Tribunal (NCLAT) has once again brought to light one of the many vulnerabilities in the Insolvency and Bankruptcy Code, 2016 (IBC/Code). The judgment primarily deals with the termination of a lease during the Corporate Insolvency Resolution Process (CIRP) and the effect of the moratorium under Section 14 of the IBC on leasehold properties.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Anhad Law, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Dhruv Gandhi , Deepam Rangwani
    Location:
    India
    Firm:
    Anhad Law
    Exemption from filing of certified copy of an order cannot be claimed as a matter of right and benefits under the Limitation Act are available only on an application for certified copy of the order.
    2025-04-24

    Introduction-

    Filed under:
    India, Insolvency & Restructuring, Litigation, Clasis Law, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sidhant Pandita , Sanchita Chamoli
    Location:
    India
    Firm:
    Clasis Law
    The Thames Water Restructuring Plan in the Court of Appeal: A question of Fact and Discretion
    2025-04-23

    Overview

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DAC Beachcroft LLP, Companies Act 2006 (UK)
    Authors:
    Joe Bannister , Rachel Yafet
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft LLP
    Recognition of China Bankruptcy Reorganisation Proceedings under Singapore’s Insolvency Regime
    2025-04-22

    Introduction

    Filed under:
    Asia-Pacific, China, Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Insolvency, Singapore High Court
    Authors:
    Sim Kwan Kiat , Ho Zi Wei
    Location:
    Asia-Pacific, China, Singapore
    Firm:
    Rajah & Tann Asia
    Singapore High Court grants first recognition to Indian insolvency proceedings under the UNCITRAL Model Law on Cross-Border Insolvency
    2025-04-22

    In a landmark judgment in Re Compuage Infocom Ltd and Anr., the Singapore High Court (“Singapore HC”) has, for the very first time, recognised a Corporate Insolvency Resolution Process (“CIRP”) initiated under the Indian Insolvency and Bankruptcy Code, 2016 (“IBC”) as a ‘foreign main proceeding’ under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”).

    Filed under:
    India, Singapore, Insolvency & Restructuring, Litigation, JSA, Insolvency, Insolvency and Bankruptcy Code (India), Insolvency, Restructuring and Dissolution Act 2018 (Singapore), Insolvency and Bankruptcy Code 2016 (India), National Company Law Tribunal
    Authors:
    Varghese Thomas , Ahsan Allana , Kabir Saund
    Location:
    India, Singapore
    Firm:
    JSA
    Chapter 11 Bankruptcy Filing of Consolidated Burger Holdings LLC: A Strategic Move for Restructuring
    2025-04-21

    On the heels of financial distress, Consolidated Burger Holdings LLC, along with two affiliates, has filed for Chapter 11 bankruptcy protection. This Burger King franchisee operates 57 restaurant locations across Florida and Georgia, including standalone stores and Walmart-based outlets. At its peak, the company managed 75 locations with 1,500 employees. Today, it employs 773 individuals, including 697 hourly and 76 salaried workers, with most positions at the restaurant level.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenspoon Marder LLP
    Authors:
    Victor A. Sahn
    Location:
    USA
    Firm:
    Greenspoon Marder LLP
    Furnishing Record Of Default From Information Utility Not Mandatory For Operational Creditors Under Section 9: NCLT Mumbai
    2025-04-21

    Case Title: Ganesh Ramkisan Rajale v. Panchtatwa Milk Industries Private Limited

    Facts of the Case

    Filed under:
    India, Insolvency & Restructuring, Litigation, R&D Law Chambers, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    Breach Of Settlement Agreement Not A Bar To Initiating CIRP Under Section 7: Financial Debt Remains Intact, Holds NCLAT
    2025-04-21

    Case:Bahadur Ram Mallah (Ex-Director, Uniworth Textiles Limited) Versus Assets Reconstruction Company (India) Limited and Anr

    Facts of the Case

    ICICI Bank and IFCI Ltd. had sanctioned loan facilities to Uniworth Textiles Ltd. (“UTL”), a company part of the larger Uniworth Group. These loan accounts eventually turned non-performing, and both banks assigned their respective debts to the Asset Reconstruction Company (India) Ltd. (“ARC”) — ICICI's on 31.03.2004 and IFCI’s on 12.01.2007.

    Filed under:
    India, Insolvency & Restructuring, Litigation, R&D Law Chambers, National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    NCLAT Clarifies what will be Privity of Contract and Holds That Section 9 Application Is Not Admissible Without It Between Corporate Debtor and Operational Creditor
    2025-04-21

    Case:Rahee Jhajharia E to E JV v. MB Power (Madhya Pradesh Ltd.)

    The National Company Law Appellate Tribunal (NCLAT), New Delhi, has ruled that an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), cannot be admitted when there is no direct contractual relationship between the Operational Creditor and the Corporate Debtor. In this case the Tribunal dismissed the claim of ₹16.08 crore, holding that the invoices were raised by the Appellant against Hindustan Thermal and not to the Corporate Debtor itself.

    Filed under:
    India, Insolvency & Restructuring, Litigation, R&D Law Chambers, Insolvency and Bankruptcy Code (India)
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers

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