• Title/Summary/Keyword: 거래상 필요한 주의

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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

A Study on the Impacts of Manufacture's Sales Policy of Each Power Source on Sales Will by Agency (제조업체의 파워원천별 영업정책이 대리점의 판매의지에 미치는 영향에 관한 연구)

  • Lee, Han-Il;Park, Jong-Oh
    • Management & Information Systems Review
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    • v.29 no.3
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    • pp.23-50
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    • 2010
  • This study is that the manufacturer's sales policy power appeared on the source of local distributors through the sale willingness impact on research for coexistence between the manufacturer and dealer sales for developing policy. Dealers in terms of the sale of regional sales willingness says "manufacturers and retailers to connect to the regional distribution on the path to regional sales representative for manufacturers based on trust companies that supply products or products manufactured by local retailers for about a unilateral will sale whether the continued willingness and indicates the degree of business". This study topics are the results of this measure will sell a total of 24 entries are four factors. In variety sales policy of each power source, First, sales policy in Reward Power, compensatory power as the manager of promotion support, sales support and sales activities will significantly impact respectively. Second, sales policy of Coercive Power, reduction of credit limits act as an element of discontent and the sales will appear in the negative hypothesis of the influence was partially supported. Third, sales policy in Referent Power, the information trust, the most significantly impact of trade policy, respectively. Fourth, sales policy in Professional Power, delay time delivery of goods, sales of our product and sales knowledge will have a significantly effect appear to be related.

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대구지역 대기환경용량평가에 관한 연구

  • Choe, Geun-Sik;Kim, Hae-Dong
    • 한국지구과학회:학술대회논문집
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    • 2010.04a
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    • pp.90-91
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    • 2010
  • 우리나라는 산업화와 도시화의 급속한 발전으로 인한 대기오염물질배출시설, 자동차 통행량, 에너지 사용량의 증가 등으로 대기오염물질배출원의 수와 규모가 증대되어 광역도시를 중심으로 대기질이 악화되고 있다. 특히 우리나라의 수도권대기질은 선진국의 주요 도시에 비해 대기오염 상태가 좋지 않은 것으로 평가됨에 따라 정부는 대기질을 OECD선진국 수준으로 개선한다는 목표를 세우고 있으나, 지역의 대기상태 및 그 동안의 대기질 개선을 위해 이행된 정책의 효율성 측면에서 볼 때 사후적인 규제위주의 농도규제 방식으로는 급증하는 대기오염배출시설의 배출량총량 관리가 어렵고, 지자체별로 개별적인 분산관리로는 광역적으로 이동되는 대기오염물질의 관리가 불가능하다. 또한 대기오염과 상관성이 큰 에너지정책, 산업정책, 도시계획 등 관련 정책과의 통합적 접근이 어렵기 때문에 사전에 이를 예방하는 총량관리가 요구되어 진다. 총량규제란 특정지역의 기상, 지형조건 등을 이용하여 대기환경용량을 산출하고 이를 기초로 지역별 배출허용총량을 할당하여 궁극적으로는 오염원별로 대상오염물질의 삭감량을 정하는 제도로 선진국에서는 대기환경용량을 바탕으로 1970년대부터 사업장을 중심으로 배출농도 규제와 함께 총량규제를 병행 실시하고 있으며, 최근에는 자동차에도 실시하고 있다. 우리나라에서도 대기환경보전법 제9조에서 환경기준을 초과하여 사람의 건강이나 재산, 동식물의 생육에 중대한 위해를 가져올 우려가 있다고 인정되는 경우에는 동 지역 또는 특별대책지역 중 사업장이 밀집되어 있는 구역에 대하여 배출되는 오염물질을 총량으로 규제할 수 있도록 규정하고 있다. 또한, 환경부는 2003년도에 서울, 인천, 경기도내 19개시 지역을 대상으로 대기오염물질의 배출총량을 관리하는 대기오염총량제 실시를 포함한 '수도권대기질개선에관한특별법'을 제정하였고, 현재는 사업장에게 연도별 배출허용총량을 할당하고, 할당량 이내로 오염물질을 배출하도록 관리하는 사업장 대기오염물질총량관리 제도로 시행 중에 있다. 그러나 수도권대기질개선특별대책을 수립하면서 총량관리의 본격 이행 및 배출권 거래제도 도입에 대한 특별법안이 제정되고 부분적으로 시행되고 있으나, 우리나라에 총량관리를 본격 이행하는데 있어서의 필요한 준비여건은 아직 초기 단계이고, 관련 연구의 수행실적 또한 수도권에 제한되어 적은 편이다. 따라서 현재는 총량관리가 수도권에 국한하여 실시되고 있으나, 점차 타 도시까지 광역적으로 확대될 것으로 예상되는 바 이에 필요한 제반 사항들에 대한 조사 분석을 통하여 정책방향을 설정하는 더 많은 연구가 필요할 것이다. 이러한 배경에서 본 연구에서는 대구지역을 대상으로 대기오염농도 및 대기오염물질 배출량에 대한 현황조사를 실시하고, 이를 토대로 고농도가 자주 발생되거나 그러할 가능성이 높은 $NO_X$을 대상으로 대기오염기여도를 평가하고 대기확산모델을 통한 대기환경용량을 산정하였다. 대기오염농도 현황을 살펴본 결과, 대구지역의 대기오염은 $NO_2$, $SO_2$, CO는 전형적인 1차오염물질의 변화경향을 보였으며, $PM_{10}$는 봄철에 황사의 영향을 크게 받는 것으로 나타나 실제 대구지역에서 배출되는 양을 추정하기 힘든 것으로 판단된다. 또한 $NO_2$는 공업, 상업지역에서 $SO_2$$PM_{10}$는 공업지역, CO는 상업지역, $O_3$은 교외지역에서 높은 농도를 나타내는 것으로 파악되었다. 대구지역의 대기오염물질 배출량 현황은 CO가 47%, NOX가 43%로 전체 배출량의 90%를 차지하였고, 2005년 이후 $NO_X$는 감소하고 $SO_X$가 증가하는 추세이다. 또한 배출원대분류 중도로 및 비도로이동오염원에서 발생되는 선 오염원이 75%로 대구지역에서 가장 크게 기여하는 것으로 나타났다. ISCST3 대기확산모델을 이용하여 대기환경용량을 산정하기위하여, 먼저 대구지역의 대기환경용량평가는 가시적인 위해성이 높고 개선정책이 용이한 $NO_X$을 대상물질로 선정하였고, 배출량과 오염농도간의 상관도가 0.659로 높은 것으로 판단되어, 배출량을 삭감하였을 때 대기오염농도의 개선이 명확히 나타나는 것을 알 수 있었다. 다음으로, 단위격자 당 한계배출율을 알아내는 작업을 실시하여, 대구지역을 동일하게 장기환경기준 80%수준인 22.4ppb를 만족시키기 위한 한계배출율은 2.23g/s가 필요한 것으로 파악되었고, 산출한 한계배출율을 이용하여 장기환경기준치 80%수준 달성을 목표로 하는 경우의 대기환경용량을 산정하고 실제 배출량과 비교 분석하였다. 그 결과, 대구지역 전체의 환경용량은 약 3만 톤으로 실제 배출량 2만2천 톤에 약 8천 톤 이상의 여유가 있는 것으로 파악되었다. 그러나 구역별로 상이한 차이를 보였으며, 이에 따른 구역별 개선정책이 필요할 것으로 사료된다. 대기환경용량을 파악한 후 단위격자 당 한계배출율을 초과하는 대상 지역을 추출하여 삭감한 결과 초과배출량의 80%를 삭감해야 대구지역 전체에서 50ppb이하 농도가 되는 것을 알 수 있었는데, 실제로 초과배출량의 80%를 삭감하는 것은 어려움이 있다고 판단되어, 대구지역을 동일한 %율로 삭감한 결과 30% 삭감했을 때 50ppb수준을 달성하였고, 50%삭감했을때 2007년 환경기준인 30ppb수준을 달성하였다. 또한 배출원대분류 중 기여율이 높은 도로와 비도로오염원을 50%삭감한 결과 도로이동오염원의 삭감만으로도 상당한 고 배출지역의 농도저감에 효과가 있는 것으로 파악되고, 비도로오염원을 포함하여 삭감하였을 때는 대구지역 전체에서 50ppb이하로 내려가는 것을 볼 수 있었다. 따라서 향후 총량규제의 실시에 맞추어 대구지역의 실제적인 환경용량의 정확한 파악과 고배출지역에 대한 삭감방법에 관한 더 많은 연구가 필요하다고 사료된다. 이 연구 결과는 앞으로 시행될 지역총량규제에 대한 기초적인 방법론으로 활용될 수 있을 것이다.

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Determinants of Credit Default Swap Spreads: The Case of Korean Firms (한국 기업들의 신용부도스왑 스프레드에 대한 결정요인 분석)

  • Park, Yoon-S.;Kim, Han-Joon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.12 no.10
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    • pp.4359-4368
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    • 2011
  • Among several macroeconomic missteps blamed for the recent global financial crisis including the social problems of income distribution and the lack of proper financial remedies, two of them have received particular attention: the global BOP(Balance of Payment) imbalance and the misguided monetary policy. Such BOP imbalance was blamed for massive foreign exchange investment flows from Asia into the U.S., triggering the financial and real estate bubble in America. The latter refers to the excessively loose monetary policy of the U.S. Federal Reserve, which pushed financial institutions and households into reckless investment behavior in search of higher returns. Given the abuse of certain innovative financial techniques and new investment instruments that have been created in recent decades, both collateralized debt obligations (CDOs) and credit default swaps (CDS) enjoyed a symbiotic and toxic relationship prior to the financial crisis This paper is organized as follows: The first section analyzes the real causes of the recent financial crisis. The second details the role of CDOs and CDS. Then, to identify key determinants of the CDS spreads in an emerging capital market, the sample data of major Korean firms' CDS spreads are used to estimate the risk premium by utilizing the multiple regression analysis. The empirical test result indicates that Korean 3-year treasury bond rate(TYIELD), market to book value ratio(MV/BV), and assets size(INASSETS) are shown to demonstrate statistically significant influences on the changes of the CDS premium for sample firms.

The characteristics of Pacioli's Bookkeeping (파치올리 부기론의 특성에 관한 고찰)

  • Yoon Seok-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.10 no.3 s.35
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    • pp.297-306
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    • 2005
  • Compendium of arithmetic, geometry, and proportions and proportionality' that was published in Venice in 1494 has been recognized as the first bookkeeping data in the world. Major characteristics of Pacioli's bookkeeping rules were reviewed in this study as follows: All the necessary particulars for double entry bookkeeping were provided in Pacioli's bookkeeping rules;. List of property was described at the time of start of business; Three major books were used; Details of daily transactions were considered to be important; Strike through was lined at each description in journal books, details of daily transactions, and list of property after entry of ledger; Amount columns were provided and Arabic numerals were used; Annual settlement custom was being initiated; Profit and loss account was prepared at year-end; Trial balance sheet was inevitably described; Books were verified prior to closing accounts; Control account was not established; Financial statements were not prepared and business analysis was made, too; Finished goods inventory was not adjusted; Mark was assigned to books; Inter-office account was prepared; Branch accounts and branch ledgers were prepared; There was entries of trust; Current arrangement was described; The principle 'Cost or market price, whichever is lower basis' was promoted: Petty cash system is explained Checks and bills of exchange are used in bank account. As mentioned, characteristics of Pacioli's bookkeeping rules were reviewed; the signs of necessity for preparation of profit and loss statement and balance sheet is found as well as preparation of trial balance sheet and the rules may be considered as a very excellent one in terms of the bookkeeping on initiating stage of double entry bookkeeping.

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An Exploratory Study On the Future Growth Strategies for Korean General Trading Companies: Applying Japanese GTC Models into Korean Companies (한국 종합상사의 미래 성장전략에 관한 탐색적 연구: 일본 종합상사 경험의 한국적 적용 방향을 중심으로)

  • Kim, Hyun-Joo;Hyun, Sukwon;Lee, Jongtae
    • Korea Trade Review
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    • v.41 no.2
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    • pp.203-229
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    • 2016
  • Korean general trading companies had started their business to benchmark and to adopt the successful new business models of the Japanese ones. Nevertheless, the strategic gaps between Korean and Japanese GTCs, Sogo-Shosha, still exist, including financial profitability and managerial competencies. In this regard, it is academically and practically required to find out the differences between Korean and Japanese GTCs. This study overviews the previous researches and the business cases to understand the features of GTCs and to get recent and meaningful factors which are related with the rebirth of Sogo-Shosha. Thereafter, in-depth interviews with industry experts and scholars and subsequent investigations were also conducted to suggest meaningful implications for both academicians and practitioners with the found factors. This study suggests four fundamental differences between the Korean and Japanese GTCs: ① the origin and growth path, ② business ownership, governance strategies and contracts management, ③ availabilities of investment portfolio and risk management, ④ business operation system and organizational culture. This study suggests meaningful implications for Korean GTCs to apply the experiences and lessons learned from Japanese Sogo-Shosha into their own business.

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Liabilities of Air Carrier Who Sponsored Financially Troubled Affiliate Shipping Company (항공사(航空社)의 부실 계열 해운사(海運社) 지원에 따른 법적 책임문제)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.177-200
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    • 2017
  • This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

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An Analysis of the Imported Consumer Goods Distribution Sector of Korea: From a Vertical Structure Viewpoint (수입소비재(輸入消費財) 유통구조(流通構造)의 효율화(效率化) 방안(方案))

  • Nam, Il-chong
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.3-33
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    • 1991
  • Since the early 1980's, the Korean government has gradually been widening the Korean market to foreign consumer goods. This, combined with the increased purchasing power of the Korean consumers resulting from the continued economic growth of the country, has sparked a spectacular influx of foreign consumer goods into Korea, ranging from BMW's to chopsticks. Import of foreign consumer goods amounted to more than 6 billion dollars in 1989 and is continuing to grow at a rapid rate. The increased import of foreign consumer goods doubtlessly improved the overall welfare of the Korean consumers by providing them with a wider range of options to choose from, by lowering the prices of some of the consumer goods domestically produced, and also by forcing the producers of some Korean goods to face competition with better foreign goods, thus giving them an incentive to raise the quality of their products. However, it is agreed by most economists that this increase in general welfare has been much smaller than what they had expected at the outset. Consumer prices of most imported consumer goods are easily double the import price, and in some cases, more than treble the import prices. Further, there has not been a noticeable drop in the prices of domestically produced consumer goods. Much of the blame has been attributed to the distribution sector of Korea. The objective of this paper is to analyze the imported consumer goods distribution sector of Korea, focusing on the possible sources of the poor performance of that sector, and to make policy suggestions that could potentially increase the welfare. This paper differs from all the previous research by others on this subject in that it analyzes the imported consumer goods distribution sector of Korea as a vertical structure. The distribution sector of an imported consumer good is a vertical structure since it consists of an international market, an import stage, and domestic wholesale and retail markets, in that order vertically. Our study naturally includes the analysis of the vertical restraints as well as the analysis of the industrial organization of each horizontal stage in the vertical structure. Each horizontal component of the imported consumer goods distribution sector is basically a monopolistically competitive market differentiated by characteristics of goods and by the locations and the services of firms. Further, restrictive dealership and resale price maintenance are found to be widely in use. Our main findings are the follwing; First, most consumer goods are imported monopolistically or oligopolistically through restrictive dealership contracts between foreign producers and domestic importers. Such restrictive dealership gives importers market power in the domestic market and explains many of the large discrepancies betwen the consumer prices and the import prices of many goods. Korean anti - trust law does not cover the issues arising from the market power of an importer resulting from a restrictive dealership contract. Second, some major producers of Korean goods are also importers of foreign goods that are substitutes of their products. The import of substitutes by major domestic producers is anti - competitive because it tends to raise the prices of both domestic goods and foreign goods, and also because it reduces the incentive of the domestic producers to raise the quality of their products. Third, wholesalers and retailers widely use resale price maintenance as a price fixing mechanism, and while this is against the anti- trust law, it seldom gets noticed. Fourth, the high level of rents of real estate for commercial use works as an entry barrier to the distribution sector and results in reduced competition by the firms in that sector. Finally, there are information problems. Consumers have inferior information to firms about the quality of a foreign consumer good that they have not tried before. Such information asymmetry often enables firms to raise prices. In addition, information asymmetry between importers frequently delays the import of cheaper substitutes. In order to alleviate the problems indentified above, we suggest the following policy changes. The government should strengthen the anti - trust law and its enforcement to regulate restrictive import contracts, import of competing goods by major domestic producers, and RPM by wholesalers and retailers that is aimed at price fixing. In addition, the government should loosen its tight real estate policy to encourage investment in the distribution sector. Finally, we suggest that the import price revelation policy that has been in use for some items since 1990 be expanded to most imported consumer goods that are introduced for the first time to give consumer better information and be used only for the period of time needed to inform sufficient number of consumers.

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Dynamic Traffic Assignment Using Genetic Algorithm (유전자 알고리즘을 이용한 동적통행배정에 관한 연구)

  • Park, Kyung-Chul;Park, Chang-Ho;Chon, Kyung-Soo;Rhee, Sung-Mo
    • Journal of Korean Society for Geospatial Information Science
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    • v.8 no.1 s.15
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    • pp.51-63
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    • 2000
  • Dynamic traffic assignment(DTA) has been a topic of substantial research during the past decade. While DTA is gradually maturing, many aspects of DTA still need improvement, especially regarding its formulation and solution algerian Recently, with its promise for In(Intelligent Transportation System) and GIS(Geographic Information System) applications, DTA have received increasing attention. This potential also implies higher requirement for DTA modeling, especially regarding its solution efficiency for real-time implementation. But DTA have many mathematical difficulties in searching process due to the complexity of spatial and temporal variables. Although many solution algorithms have been studied, conventional methods cannot iud the solution in case that objective function or constraints is not convex. In this paper, the genetic algorithm to find the solution of DTA is applied and the Merchant-Nemhauser model is used as DTA model because it has a nonconvex constraint set. To handle the nonconvex constraint set the GENOCOP III system which is a kind of the genetic algorithm is used in this study. Results for the sample network have been compared with the results of conventional method.

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A Checklist to Improve the Fairness in AI Financial Service: Focused on the AI-based Credit Scoring Service (인공지능 기반 금융서비스의 공정성 확보를 위한 체크리스트 제안: 인공지능 기반 개인신용평가를 중심으로)

  • Kim, HaYeong;Heo, JeongYun;Kwon, Hochang
    • Journal of Intelligence and Information Systems
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    • v.28 no.3
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    • pp.259-278
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    • 2022
  • With the spread of Artificial Intelligence (AI), various AI-based services are expanding in the financial sector such as service recommendation, automated customer response, fraud detection system(FDS), credit scoring services, etc. At the same time, problems related to reliability and unexpected social controversy are also occurring due to the nature of data-based machine learning. The need Based on this background, this study aimed to contribute to improving trust in AI-based financial services by proposing a checklist to secure fairness in AI-based credit scoring services which directly affects consumers' financial life. Among the key elements of trustworthy AI like transparency, safety, accountability, and fairness, fairness was selected as the subject of the study so that everyone could enjoy the benefits of automated algorithms from the perspective of inclusive finance without social discrimination. We divided the entire fairness related operation process into three areas like data, algorithms, and user areas through literature research. For each area, we constructed four detailed considerations for evaluation resulting in 12 checklists. The relative importance and priority of the categories were evaluated through the analytic hierarchy process (AHP). We use three different groups: financial field workers, artificial intelligence field workers, and general users which represent entire financial stakeholders. According to the importance of each stakeholder, three groups were classified and analyzed, and from a practical perspective, specific checks such as feasibility verification for using learning data and non-financial information and monitoring new inflow data were identified. Moreover, financial consumers in general were found to be highly considerate of the accuracy of result analysis and bias checks. We expect this result could contribute to the design and operation of fair AI-based financial services.