• 한국중재학회지:중재연구
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• 제15권1호
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• pp.113-146
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• 2005

Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

• East Asian mathematical journal
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• 제36권1호
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• pp.91-99
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• 2020

This paper obtains an explicit expression for a debtor's consumption, porfolio and time for filing for bankruptcy when the debtor is subject to upper bound on consumption rate. The utility of consumption is CRRA type and the dynamic programming principle is applied.

• 한국생활과학회지
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• 제18권1호
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• pp.123-136
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• 2009

Debt and credit problems in Korea have been escalated during the past decade. The number of people with debt and credit problems is in its historic high. In May 2008, about 2.48 million debtors are officially classified as bad debtors and 7.20 million people have low credit scores. People with low credit scores are in disadvantageous situation in the financial market thus their financial transactions and activities are limited. In 2004, Korean government introduced various credit rehabilitation programs. However, most of these problems are remedial in nature and preventive programs such as credit counseling and debtor education are lacking. The purpose of this review is to examine US credit counseling and debtor education programs to obtain insights for preventive credit program developments in Korea. The review focused on programs offered through National Foundation for Credit Counseling, Jump Start, and Cooperative Extension Services from two large land grant Universities. From the program review suggestions and recommendations for educational contents, program and educator developments, and program quality control were discussed.

• 가정과삶의질연구
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• 제25권2호
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• pp.155-172
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• 2007

This study is a qualitative analysis aimed at facilitating a plan of social support for heavy debtors. for this purpose, the status of issues related to heavy debtors in Japan is considered, and more is revealed about the status of operation for non-profit organizations and groups of heavy debtor victims as counseling agencies for heavy debtors. In addition, through interviews conducted with the counselors of these organizations, a survey has been made on whether the credit counseling provides particular functions for and increases the satisfaction of debtors. The root of Japan's large number of heavy debtors lay in that country's excessive growth of consumer financing, the increase of its use, the structural problems on the lending system of consumer financing and legal insufficiency, to name of few fundamental problems. The interviews on debtor counseling in private organizations revealed that the debtors being counseled showed a great change, due primarily to group counseling and activities, in such aspects as psychological stability, learning and understanding about heavy debts and willingness to take action for solving their own problems. In addition, regarding the aspects of time and cost, specialty, mutual exchange of experienced persons, psychological care and educational functions, the importance of the debtor counseling group's role has been established. To improve the problems of heavy debtors in Korea, there is a need to promote the importance of debtor counseling increase the interest and support of the administration, create a sense of solidarity among related organizations and promote public education on consumer credit. The support of the consumer credit industry and the development of human resources are also badly needed.

• 디지털융복합연구
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• 제12권5호
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• pp.79-87
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• 2014

일반적으로 채권채무관계에 있어서 채무자가 그 채무를 임의로 이행하지 않는 경우에는 채권자로 하여금 소송의 방법으로 채무자에게 재판상 청구를 할 수 있다. 즉 판결을 통하여 급부를 할 것을 명하였음에도 불구하고 채무자가 그 판결에 불응할 경우 국가의 힘에 의해 강제집행을 할 수 있다. 결국 채무의 이행은 원칙적으로 국가기관에 의해 강제되는 것이다. 그러나 예외적으로 채권으로서 유효하게 성립하였지만, 채무자가 스스로 이행을 하지 않는 경우 국가기관으로부터 보호를 받을 수 없는 경우가 있다. 자연채무가 그렇다. 이 자연채무는 로마법의 엄격한 형식주의적 소구법체계에서 유래하는 것으로서, 모든 채권이 원칙적으로 소구가능성이 있는 것으로 구성되는 근대민법에서의 예외적인 현상이다. 이에 우리나라의 학설은 예외 없이 자연채무라는 개념을 인정하고 있지만, 아직도 자연채무가 어떤 것이고, 어떻게 발생하느냐에 관하여 학자들의 다툼이 있어 본 논문에서 자연채무 개념을 비롯한 효력과 범위에 관하여 재검토를 하고자 한다.

• 한국중재학회지:중재연구
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• 제34권2호
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• pp.3-26
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• 2024

The insolvency proceedings, which are collective debt processing procedures that equitably distribute properties of the debtor who is declared insolvency to multiple creditors, and the arbitral proceedings that resolve disputes over individual legal relationships between the parties differ in nature. However, there are no express provisions that directly regulate the legal relationships when the party to an arbitration agreement is declared insolvency. The presence of an arbitration agreement between the parties does not necessarily initiate the arbitral proceedings, the arbitral proceedings are initiated by the parties' application under the arbitration agreement. It is also necessary to examine the effect of the insolvency of the party to the arbitration agreement on the arbitral proceedings step by step. This paper reviews the cases in which the parties to the arbitration agreement have been declared insolvency before the commencement of the arbitral proceedings and have been declared insolvency during the arbitral proceedings. This paper examines how the effect of the arbitration agreement affects the insolvency proceedings when the debtor is declared insolvency after concluding the arbitration agreement and how the declaration of insolvency affects the arbitral proceedings when the debtor, who is a party to the arbitration agreement, is declared insolvency during the arbitration proceedings.

• 무역상무연구
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• 제43권
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• pp.143-168
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• 2009

International Factoring transaction in Korea is different from that of financially advanced countries in terms of legal system and commercial and financial practices. As for the domestic factoring, Korean factors are only involved in advances often on a with recourse basis. With regard to the international factoring, Korean factors do not accommodate whole account receivables from clients (suppliers) but handle on a selective basis. Among Korean banks, KEXIM (Export and Import Bank of Korea) is sole factor for international transactions. Currently KEXIM and several foreign banks handle factoring provide factoring services with limitation to invoice discounting which is largely extended to large corporate names. Therefore this is far different from factoring in Europe and Americas designed for small exporters with non recourse advances. In respect of legal environment, receivable assignment is subject to debtor' acknowledge or approval of such assignment according to Civil Law Act. To remove the legal obstacles, Korean government have prepared new law which allows factor's own notification of assignment (and thereby reimbursement right) to debtor with some evidences.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제9권9호
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• pp.3312-3334
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• 2015

In this paper, a mechanism for spectrum allocation in overlay cognitive radio networks is proposed. In overlay cognitive radio networks, the secondary users (SUs) must first sense the activity of primary users (PUs) to identify unoccupied spectrum bands. Based on their different contributions for the spectrum sensing, the SUs get payoffs that are computed by the fusion center (FC). The unoccupied bands will be auctioned and SUs are asked to bid using payoffs they earned or saved. Coalitions are allowed to form among SUs because each SU may only need a portion of the bands. We formulate the coalition forming process as a coalition forming game and analyze it by game theory. In the coalition formation game, debtor-creditor relationship may occur among the SUs because of their limited payoff storage. A debtor asks a creditor for payoff help, and in return provides the creditor with a portion of transmission time to relay data for the creditor. The negotiations between debtors and creditors can be modeled as a Bayesian game because they lack complete information of each other, and the equilibria of the game is investigated. Theoretical analysis and numerical results show that the proposed auction yields data rate improvement and certain fairness among all SUs.

• International Journal of Computer Science & Network Security
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• 제22권5호
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• pp.215-219
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• 2022

Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

• Management Science and Financial Engineering
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• 제22권1호
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• pp.13-20
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• 2016

We investigate the optimal consumption and investment problem when a working debtor has an option to file for bankruptcy. By applying the duality approach, the closed-form solutions are obtained for the case of CRRA utility function. The optimal bankruptcy time is determined by the first hitting time when the financial wealth hits the wealth threshold derived from the optimal stopping time problem. Moreover, the numerical results show that the investment increases as the wealth approaches the threshold and the value gain from the bankruptcy option is vanished as wealth increases.