• Journal of Digital Convergence
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• v.12 no.5
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• pp.79-87
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• 2014

In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.

• Journal of Distribution Science
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• v.13 no.9
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• pp.47-57
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• 2015

Purpose - The aim of this paper is to investigate the explanatory power of the Pecking-order theory (the cost of financing increases with asymmetric information) among Korean retail firms from the perspective of debt capacity. According to the Pecking-order theory, a firm's first preference is to use internal funds for its capital needs, its next preference is the issuance of debt, and its last preference is the issuance of equity; this is due to the information asymmetry problem between existing shareholders and investors. However, prior empirical studies, such as Lemmon and Zender (2010), argue that the entire sample test for the Pecking-order theory could be misleading due to the different levels of debt issuance capability of each of the individual firms; in fact, they confirm that the explanatory power of the Pecking-order theory improves after taking into account the differences in debt capacity of the U.S. firms they examined. This paper implements a case study approach among Korean retail firms to examine the relationship between debt capacity and the explanatory power of the Pecking-order theory in Korea. Research design, data, and methodology - This study uses the sample of public retail firms on the Korea Composite Stock Price Index (KOSPI) from the time period of 1990 to 2013. We gather related financial and accounting statements from the financial information firm WISEfn. Credit rating information is provided by the Korea Investor Service. We employ the models of Lemmon and Zender (2010) and Son and Kim (2013) to measure a firm's debt capacity. Their logit models use the rating dummy variable as a dependent variable and incorporate other firm characteristics as independent variables to estimate debt capacity. To test the Pecking-order theory, we adopt variants of the financing deficit model of Shyam-Sunder and Myers (1999). In the test of the Pecking-order theory, we consider all of the changes in total debt obligations, current debt obligations, and long-term debt obligations. Results - Our main contribution to the literature is our confirmation of the predicted relationship between debt capacity and the explanatory power of the Pecking-order theory among Korean retail firms. The coefficients on financing deficits become greater as a firm's debt capacity improves. This is consistent with the results of Lemmon and Zender (2010). The coefficients on the square of the financing deficits are also negative for the firms in the largest debt capacity group, which is also consistent with the predictions in prior literature. Conclusions - This study takes a case study approach by examining Korean retail firms. We confirm that the Pecking-order theory explains the capital structure of retail firms more appropriately, after taking into account the debt capacity of each firm. This result suggests the importance of debt capacity consideration in the testing of the Pecking-order theory. Our result also implies that there has been a potential underestimation of the explanatory power of the Pecking-order theory in existing studies.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.12
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• pp.195-210
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• 2020

This study describes the structure of the capital markets for small- and medium-sized enterprises (SMEs) and startup companies in Korea, which is an emerging market that has experienced drastic changes. The overall capital market can be divided into private and public capital markets. In the private capital market, most of the demand for capital comes from non-listed private firms, including startups and SMEs. In the case of SMEs and startups, the KOSDAQ, the Korea New Exchange (KONEX), and primary collateralized bond obligations (P-CBOs) are part of the public capital market. SMEs and startups are generally incapable of raising sufficient capital owing to their low credit ratings, and they largely have limited access to primary markets to issue shares and borrow money. The Korean government has developed a systematic financial aid program to provide funds to these companies. The fund for SMEs has significantly contributed to the development of the venture capital market. Many Korean banks provide substantial lending to SMEs, but this lending is available only because of the Korean government's loan recovery guarantee. Furthermore, SMEs can issue corporate debt in the form of primary collateralized bond obligations through government guarantees, but such debt issuances have placed increasing pressure on public guarantee institutions.

• Journal of Information Technology Applications and Management
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• v.14 no.2
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• pp.151-168
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• 2007

The corporate credit rating represents an assessment of the relative level of risk associated with the timely payments required by the debt obligation. In this study, the corporate credit rating model employs artificial intelligence methods including Neural Network (NN) and Case-Based Reasoning (CBR). At first we suggest three classification models, as partitioned neural networks, all of which convert multi-group classification problems into two group classification ones: Ordinal Pairwise Partitioning (OPP) model, binary classification model and simple classification model. The experimental results show that the partitioned NN outperformed the conventional NN. In addition, we put to use CBR that is widely used recently as a problem-solving and learning tool both in academic and business areas. With an advantage of the easiness in model design compared to a NN model, the CBR model proves itself to have good classification capability through the highest hit ratio in the corporate credit rating.

• Proceedings of the Korea Inteligent Information System Society Conference
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• 1999.10a
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• pp.347-354
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• 1999

The credit rating represents an assessment of the relative level of risk associated with the timely payments required by the debt obligation. In this paper, we present a new approach to credit rating of customers based on the rough set theory. The concept of a rough set appeared to be an effective tool for the analysis of customer information systems representing knowledge gained by experience. The customer information system describes a set of customers by a set of multi-valued attributes, called condition attributes. The customers are classified into groups of risk subject to an expert's opinion, called decision attribute. A natural problem of knowledge analysis consists then in discovering relationships, in terms of decision rules, between description of customers by condition attributes and particular decisions. The rough set approach enables one to discover minimal subsets of condition attributes ensuring an acceptable quality of classification of the customers analyzed and to derive decision rules from the customer information system which can be used to support decisions about rating new customers. Using the rough set approach one analyses only facts hidden in data, it does not need any additional information about data and does not correct inconsistencies manifested in data; instead, rules produced are categorized into certain and possible. A real problem of the evaluation of the evaluation of credit rating by a department store is studied using the rough set approach.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.58-59
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• 2007

The English law of ship mortgages is successor to a very long tradition. From the earliest times loans have been required to finance maritime commerce. The term "ship" describes any kind of vessel used in navigation, while the term "ship mortgage" described a method of secured financing, under which a borrower transferred its interest in ship or other property to a creditor, to secure the payment of the debt owed by the borrower or the performance of some their obligation. The shipowner (the borrower)is known as the 'mortgagor, and the person lending the money is known as the 'mortgagee'.

• Korean Journal of Social Welfare
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• v.66 no.3
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• pp.231-251
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• 2014

Recently, Korean government documented the plan to cope with the situation related to rich pensioners of Basic old-age pension. The purpose of this paper is to verify that how many rich pensioners are existing and to evaluate government reform plan's validity and effect. Main results are as follows; firstly, if the definition of rich pensioners is on the top 10%, the proportion of them would form 2.9% of total. And then, an amount of expenditure for them is only 2.6% of total. Secondly, in terms of disposable income, debt, and transfer income from child, the household who would be applied by government's plan is not richer than other household who is in the same living standard. And then, if the government's plan enforced, the effect might be very small. Lastly, the plan of government will discriminate against persons who support their parent. As a result, Basic old-age pension will be worsen. This paper should underline that the government's reform is only the 'hidden' retrenchment strategy in order to introduce a standard of the obligation to support own parent in the state without scientific prediction and serious discussion of negative public opinion. That is why, this is the same as the 'Trojan Horse'.

• The Journal of the Korea Contents Association
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• v.6 no.4
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• pp.146-157
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• 2006

Causal relationship means what relations the result occurred have with a fact as a reason. In general, a formular that no result exists without reasons is used for the method to confirm existence and inexistence of causal relationship. Problematic causal relationships in Private Law are reparations (Article No. 393 of Private Law) due to debt nonfulfillment and reparation due to tort (Application of Article No. 393 by Article No. 750, and No. 763 of Private Law). The purpose pursued by reparation system in private law is to promote equal burden of damages, and the range of reparation at this time is decided by the range of damage and the range of damage is decided by the principle of causal relationship. That the causal relationship theory fairly causes confusion by treating one problem and the other problem as the same thing, instead of dividing them according to the purpose of protection presented by the law is a reason of the criticism from different views.