• Journal of the Korea Society of Computer and Information
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• v.22 no.6
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• pp.141-147
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• 2017

Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

• The Korean Journal of Financial Management
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• v.27 no.1
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• pp.181-208
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• 2010

In July 2007, Korean government has passed "The Capital Market and Financial Investment Services Act" to further develop the capital markets and the Act was to become effective in February 2009. Using a large sample of Korean firms, we have examined (i) the effect of underwriting activities on the firm value (bond spread) comparing commercial bank and investment bank, and (ii) the determinants of the firm value changes following underwriting activities of bank. To test our goal, we collected a wide range of samples of data for bond issuing activities executed by Korean firms listed on the Korea Stock Exchange (KSE) between 2000 and 2003. Our paper is distinguished from previous studies on this subject in a way that we analyzed the effect of corporate bond underwriting activities with regard to commercial banking and investment banking. Initially, we set up a hypothesis that "Certification View" and "Conflict-of-interest View" are major driving forces behind cross-firm differences in performance following bond issuance. We find that, in general, underwriting by investment bank (securities company) brings a positive effect on the firm value (spread between bench mark rate and bond issuing rate). This result indicates that firm value has been negatively affected by the bank underwriting and provides the evidence for "Conflict-of-interest View" in Korea. Our studies have also revealed that any change in firm value following bond issuance is positively related with the firm size (total asset), operating performance, liquidity (cashflow), and equity ownership by foreign investors. Overall, our results support the view that bank underwriting activities can play an important role in determining firm value and financial strategies under "The Capital Market and Financial Investment Services Act" of 2007.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.747-754
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• 2023

With the development of information and communication technology, online fractional investment platforms have emerged through the convergence of online platform technology and new investment techniques for asset-backed derivatives. In this study, the concept and previous studies of the online fractional investment platform business, commercialization models and service processes, market status, and pending discussions and alternatives were presented. Recently, the Securities and Futures Commission's decision on securitization of split ownership has become an important guide to the stable business sustainability of platform operators, but academic research is needed according to the current status and case analysis. To identify specific market issues, examples of representative online fractional investment securitization platform businesses such as "MusiCow" for music copyright, "Tessa" based on art, "Kasa" for real estate, "Piece" based on real assets, and "BangCow" for Korean beef shipments were analyzed. Through the case analysis of this study, the characteristics of the business model according to the basic assets of the online fractional investment platform were compared and presented. Since most business models are judged to be securitic, they must comply with the provisions of the Capital Markets Act or be recognized as the target of innovative financial services. From a practical point of view, it is meaningful in that it presented improvement directions that online fractional securitization platform operators should consider and organized institutional considerations for investor protection.

• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• The Journal of Industrial Distribution & Business
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• v.10 no.5
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• pp.77-86
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• 2019

Purpose - The present study examined the reliability of accounting information based on the pay slice (CPS) information of chief executive officers (CEOs) in the service industry. The difference in the size of CPS under the capitalist system can be used as an index to gauge the influence of top management. Research design, data, and methodology - In accordance with the amendment of the Financial Investment Services and Capital Market Act in 2013, the pay information of individual registered executives with annual salary of more than 500 million won has been disclosed. The sample of the current study is 232 companies listed on the Korea Exchange excluding financial services from 2013 to 2015, when the individual pay-slice information for registration officers was published in the business report in accordance with the revision of the Capital Market Act. The financial data required for this study were extracted from the FnGuide and the TS-2000. With the data, we tested the relationship between CPS and accounting information reliability through a linear regression analysis. Results - The first result showed that the relationship between the CPS and human resource in internal accounting control system in the service industry is significantly negative only with the accounting department personnel. This result implied that the CEO can negatively affect the retention of the accounting department in the firm. Second, both the CPS and quality of audit in the service industry are negatively related both to audit fees and to audit time. Nonetheless, the relationship between the number of the auditor and the CPS is insignificant. This result indicated that the CEO can negatively affect audit fees and audit time of external auditors. The results of the present study suggested that CPS information may have a negative impact on the reliability of accounting information. Conclusion - This study is the first study to examine the reliability of CPS and accounting information for the service industry in terms of human resources in internal accounting control system and audit quality. Therefore, the present study is expected to provide some useful information to economic decision-making of various external parties for service firms.

• Korean Security Journal
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• no.29
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• pp.7-34
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• 2011

Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

• Journal of Intelligence and Information Systems
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• v.21 no.2
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• pp.151-171
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• 2015

This study examined the concepts of the Internet of Things(IoT), the major issue and IoT trend in the domestic and international market. also reviewed the advent of IoT era which caused a 'Paradigm Shift'. This study proposed a solution for the appropriate corresponding strategy in terms of Enterprise. Global competition began in the IoT market. So, Businesses to be competitive and responsive, the government's efforts, as well as the efforts of companies themselves is needed. In particular, in order to cope with the dynamic environment appropriately, faster and more efficient strategy is required. In other words, proposed a management strategy that can respond the IoT competitive era on tipping point through the vision of paradigm shift. We forecasted and proposed the emergence of paradigm shift through a comparative analysis of past management paradigm and IoT management paradigm as follow; I) Knowledge & learning oriented management, II) Technology & innovation oriented management, III) Demand driven management, IV) Global collaboration management. The Knowledge & learning oriented management paradigm is expected to be a new management paradigm due to the development of IT technology development and information processing technology. In addition to the rapid development such as IT infrastructure and processing of data, storage, knowledge sharing and learning has become more important. Currently Hardware-oriented management paradigm will be changed to the software-oriented paradigm. In particular, the software and platform market is a key component of the IoT ecosystem, has been estimated to be led by Technology & innovation oriented management. In 2011, Gartner announced the concept of "Demand-Driven Value Networks(DDVN)", DDVN emphasizes value of the whole of the network. Therefore, Demand driven management paradigm is creating demand for advanced process, not the process corresponding to the demand simply. Global collaboration management paradigm create the value creation through the fusion between technology, between countries, between industries. In particular, cooperation between enterprises that has financial resources and brand power and venture companies with creative ideas and technical will generate positive synergies. Through this, The large enterprises and small companies that can be win-win environment would be built. Cope with the a paradigm shift and to establish a management strategy of Enterprise process, this study utilized the 'RTE cyclone model' which proposed by Gartner. RTE concept consists of three stages, Lead, Operate, Manage. The Lead stage is utilizing capital to strengthen the business competitiveness. This stages has the goal of linking to external stimuli strategy development, also Execute the business strategy of the company for capital and investment activities and environmental changes. Manege stage is to respond appropriately to threats and internalize the goals of the enterprise. Operate stage proceeds to action for increasing the efficiency of the services across the enterprise, also achieve the integration and simplification of the process, with real-time data capture. RTE(Real Time Enterprise) concept has the value for practical use with the management strategy. Appropriately applied in this study, we propose a 'IoT-RTE Cyclone model' which emphasizes the agility of the enterprise. In addition, based on the real-time monitoring, analysis, act through IT and IoT technology. 'IoT-RTE Cyclone model' that could integrate the business processes of the enterprise each sector and support the overall service. therefore the model be used as an effective response strategy for Enterprise. In particular, IoT-RTE Cyclone Model is to respond to external events, waste elements are removed according to the process is repeated. Therefore, it is possible to model the operation of the process more efficient and agile. This IoT-RTE Cyclone Model can be used as an effective response strategy of the enterprise in terms of IoT era of rapidly changing because it supports the overall service of the enterprise. When this model leverages a collaborative system among enterprises it expects breakthrough cost savings through competitiveness, global lead time, minimizing duplication.