• International Area Studies Review
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• v.15 no.1
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• pp.367-389
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• 2011

This paper examines what factors contribute to the entry of foreign investors to Chinese commercial banks from 1996 to 2008. Empirical results show that using survival analysis, size, liquidity ratio and non-interest incomes are important to foreign investors. This indicates that as Chinese banking system opened, foreign investors invest in bigger but financially weak banks. For Joint-Stock commercial banks, foreign investors invest in banks whose asset qualities and non-interest incomes are low. But for City commercial banks, foreign investors invest in banks that are big but have low liquidity ratios. This results indicate that because City commercial banks operate in only one city, foreign investors require minimum bank size to operate in that city.

• The Magazine for Energy Service Companies
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• s.32
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• pp.30-31
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• 2005

이번 상품은 일반대출 형태에 팩토링 요소가 복합된 ESCO고객 맞춤형 상품으로 정책자금을 기반으로 한 저금리 상품이다. 기존의 상품이 ESCO를 대상으로 시설자금 대출만을 지원했다면 이번에 국민은행에서 새로 내놓은 상품은 시설 완공 후에 발생하는 매출채권에 대하여도 은행이 할인 매입하는 새로운 대출방법이다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.77-101
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• 2017

This article provides the definitions of the negotiation of credit, the negotiating bank and the negotiation credit. It further describes a number of legal status of negotiating banks by looking into the legal relations firstly between the beneficiary and the negotiating bank and secondly between the issuing bank and the negotiating bank. This study is in large part based on relevant provisions of UCP 600 and decisions of the Supreme court of South Korea. Under UCP 600 the definition of negotiation requires the purchase by the nominated negotiating bank of the required documents by advancing funds on or before the banking day on which reimbursement is due to the negotiating bank. A negotiation credit authorizes the negotiating bank who is a nominated bank to purchase from the beneficiary the documents required by the letter of credit and to present those documents to the issuing bank for reimbursement. If the credit is to be honoured at sight, reimbursement is due when the issuing bank determines that there has been a conforming presentation. Reimbursement under a letter of credit available by acceptance or by deferred payment is due at maturity of the credit. In particular, while the timing of advance by the nominated negotiating bank is up to the parties, a promise of the negotiating bank to advance the purchase price to a fraudulent beneficiary does not confer immunity from letter-of-credit fraud prior to its performance. This requires the negotiating bank who is notified of material fraud prior to making an advance to beneficiary to avoid a loss by using the fraud.

• 주택과사람들
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• s.224
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• pp.78-79
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• 2008

기업체 파산의 증가로 상가, 오피스, 호텔 등 상업용 부동산의 가치가 떨어지고 있다. 반면 현금 자산의 여유가 있는 투자자들은 은행에 압류당하는 상업용 부동산을 매입해 향후 자산 가치의 상승을 엿볼 수 있는 좋은 기회가 될 것으로 보인다.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• International Commerce and Information Review
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• v.14 no.4
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• pp.433-456
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• 2012

The confirming bank undertakes to make payment to the beneficiary, provided that a complying presentation is made and complies with its confirmation. In case L/C fraud is evident, though, the confirming bank as well as the issuing bank does not have the obligation to make payment. That is, the confirming bank does not take the risks involving documentary fraud. The confirming bank cannot exercise the right to recourse toward the beneficiary or the nominated bank when the issuing bank finds the discrepancies which the confirming bank has not noticed. This is because under UCP600, the issuing bank or the confirming bank cannot refuse to make payment with the cause of documentary discrepancy after 5 banking days following the presentation of documents. Even if the issuing bank accepts the discrepant documents following the confirming bank's request to do so, the confirming bank does not have the responsibility for the confirmation. When under Usance Negotiation Credit, the confirming bank acts as the nominated bank, the confirming bank should make payment in no time if the beneficiary presents complying documents. Therefore, unless the confirming bank intends to make immediate payment, they should consider using Deferred Payment or Acceptance L/C in Usance Credit. It is also safer for the beneficiary to have the reimbursing bank's undertaking to the reimbursement than just have confirmation of the credit because in the latter case they may not have full payment due to disputes regarding discrepancies of the documents even if they have confirmation of the credit.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.119-139
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• 2012

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases-one was an English court's decision and the other an American's. The English court's decision was made under UCP500, but the American court's was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary's fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions.

• Review of Korean Society for Internet Information
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• v.9 no.2
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• pp.27-36
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• 2008

2008년 상반기 국내 민간최종소비지출 중 카드 사용비중은 54%로, 이제 카드는 결제수단의 최대 강자로 자리잡았다. 경제활동인구 1인당 신용카드 소지수도 2002년 4.6매에서 2005년 3.5매로 떨어졌다가 2008년도까지 3.8매 선으로 안정되고 있다. 신용카드 이외의 은행, 증권, 저축은행 등의 현금인출용 카드와 교통카드, 모바일 칩카드, 백화점카드, 학생증카드, 직원ID카드, 마일리지카드, 기타 멤버십카드 등을 합하면 국민들의 지갑은 현금보다도 플라스틱카드로 두툼해져 있다. 이동통신서비스 사업자들은 이동통신단말기를 이용하여 다양한 서비스를 개발 제공함으로써 시장의 주도권을 노리고 있고, 교통카드 사업자들은 자사의 전자화폐인 교통카드로 주도권을 지키려 하고 있으며, 기존의 강자였던 은행과 카드사들은 고객을 빼앗기지 않기 위해 고객이 필요로 하는 다양한 서비스는 제공하면서도 주도권은 지키려고 하는 경쟁과 협력이 활발하게 전개되고 있다. 한편, MS카드는 읽기/쓰기가 쉬워 정보유출, 위변조, 복제 등을 통한 사고의 위험이 커서, 선진국뿐 아니라 중동, 중남미, 아시아 국가들까지도 IC카드로의 전환이 진행되고 있다. 국제브랜드 카드사들은 2006년 1월부터 IC카드가 MS 단말기에서 부정 사용될 경우 그 책임을 매입사에 전가시키는 제도(Transitional Chip Liability Shift Program)를 시행하고 있어 국내 카드사들의 피해도 예상된다. 금융감독 당국은 2003년 2월 “IT및 전자금융 안전성 제고대책”에 의거 2008년 말까지 100% IC카드로 전환을 목표로 연도별 전환목표를 통보하고 지도감독하고 있다. 이에 따라 은행의 현금카드는 2008년 6월까지, 신용카드는 2008년 12월까지 전환을 수행하고 있으나, 기타 금융권이나 카드사용자들은 비용부담, 재고소진 등의 문제로 잘 지켜지지 않고 있다. 특히 가맹점 단말기를 교체하여야 할 VAN사 들은 교체비용이 자기 자본을 상회하는 어려움으로 POS나 CAT단말은 거의 전환이 진행되지 않고 있어 IC카드를 가지고 있어도 MS를 이용하는 형편이다. 카드의 종류는 주도권 경쟁으로 늘어만 가고 있어 애초 취지처럼 하나의 카드로 다양한 사업자의 서비스가 통합되기 어려운데다, 단말기의 표준화도 어려워 막상 카드를 안전하고 편리하게 사용하여야 할 소비자들의 지갑만 무거워지고 있다. 본고는 이렇게 우리의 생활 깊숙이 들어온 카드를 편리하고 안전하게 사용할 수 있도록 하는 인프라는 과연 어느 수준이고 시장의 주자들은 어느 방향으로가고 있는지 살펴보고 그 문제점과 과제를 제시하고자 한다.

• Korea Trade Review
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• v.43 no.5
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• pp.1-23
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• 2018

Forfaiting is a trade finance facility whereby financial institution purchases accounts receivable from exporters on a without recourse basis to resolve exporters' credit risk. Since the effectuation of Uniform Rules for Forfaiting(URF 800), exporting companies have been interested in forfaiting and foreign exchange banks in South Korea have expanded products related to forfaiting. However, the risk management for dealing with forfaiting needs improvement. In this paper, we will compare current forfaiting risk managements between foreign exchange banks and foreign banks in South Korea by studying the agreements for each bank and standard forfaiting agreements of the ICC. There is a significant gap for risks covered and points of reserve(points of recourse) between each bank. This work suggests the need for unification for these gaps in order to enhance risk management for exporting companies and foreign exchange banks in South Korea.

• Journal of the Korean Institute of Landscape Architecture
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• v.45 no.4
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• pp.11-22
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• 2017

A plaza represents the identity of a city, and that reveals a plaza's importance. Gwanghwamun Plaza and Seoul Plaza are two representative plazas where the citizens can freely express their opinions. Many major plazas in the center of Seoul were built under the Japanese occupation. Among these, the plaza of Joseon Bank has different characteristics than Gwanghwamun Plaza and Seoul Plaza. Even though this plaza was built in the center of the commercial, administrational, and cultural district during the Japanese colonial period, the research on this plaza has been limited. This study was conducted to verify the features of this plaza by analyzing its construction and transformation during the Japanese colonial period. The study's results outline how the plaza was constructed by the Japanese administration. The intention of the government is shown by the fact that it purchased land parcels and held a design competition. In the 1910s, the government purchased seven parcels of land during the expansion of roads as the place for the plaza. During the late 1930s, the government accepted a traffic circle to regulate the traffic and eliminate the conflict between crossing movements. In 1939, a fountain was built in the plaza's center, and its design was selected through a design competition. It was planned as a square, but gradually turned into a rotary. Furthermore, the plaza was a landmark and symbol of the power and modernity of Japan. As the main modal point of public transportation, the plaza became surrounded with largescale Western-style buildings, commercial advertising, and neon signs. The plaza became a place where people could experience the modern city. These spectacular displays showed that Japanese imperialism was perceived as a strange and peculiar landscape to the majority of Korean citizens. This study investigates the history and characteristics of the plaza, focusing on its beginning as well as the transformation of its form. As to the limitations of the study, it does not consider political and economic contexts within the transformation of Seoul and in relation to this plaza. Instead, that research remains for a future study.