• 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.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.01a
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• pp.165-168
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• 2014

채권자대위권은 채권자가 자기의 채권을 보전하기 위하여 채무자에 속하는 권리를 행사할 수 있는 권리이다(민법제404조). 채무자의 권리는 채무자가 행사함이 원칙이나 채무자가 제3채무자에 대한 권리를 행사하지 아니함으로 채무자의 책임재산을 제대로 보전하지 않아 총채권자의 공동담보에 부족한 부분이 생길 때에는 채권자로 하여금 채무자의 권리를 행사하여 책임재산의 보전을 꾀할 수 있도록 할 필요가 있고, 이러한 목적을 위한 제도가 바로 채권자대위권제도이다. 그러나 채권자대위권제도는 채권자 취소권에 비해 상대적으로 주목받지 못하고 있는 것이 현실이다. 즉 실제와 현행민법 규정사이에 커다란 괴리가 존재하고 있고, 행사의 범위, 효과에 관한 규정을 두고 있지 않고 있다. 이는 전적으로 학설과 판례에 위임되어 있는 실정이므로 따라서 본 논문에서는 채권자대위권에 관한 문제점을 검토해보고, 정확한 명문규정이나 제도적 장치를 마련하는 제도의 취지 및 목적에 합당할 수 있도록 합리적인 방안을 제시하고자 한다.

• Korean Journal of Social Welfare Studies
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• v.48 no.2
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• pp.173-201
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• 2017

This study examined the degree of socioeconomic deprivation in the areas of material hardship, health, housing, employment, and social network among people using debt relief programs. The sample, 209 individuals, was recruited from major agencies offering debt relief programs, including Seoul Bankruptcy Court, Credit Counseling and Recovery Service, and Seoul Welfare Foundation. Data were collected through in-person interviews in 2016. The sample was compared in terms of the level of deprivation with the general population and the low-income group, extracted from the Korea Welfare Panel Study. The debtors group demonstrated a substantially higher level of deprivation on all the dimensions examined. For example, the proportion of people who suffered from hunger was 37.8% in the debtors group compared to 6.7% in the low-income group. The proportion of people who had suicidal ideation in the last 12 months was 57.9% compared to 19.2% in the low-income group and 2.7% in the general population. The level of deprivation was different by chapter choice of consumer bankruptcy. Policy and practice implications of the results were discussed.

• The Journal of the Korea Contents Association
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• v.19 no.8
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• pp.535-543
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• 2019

This study was conducted to find a pathway from the general government debt to GDP ratio(GDR) to the age standardized Suicide Rate(suicide rate). The variables used in this study are GDR, the consumer price index for living necessaries(CPIL), the household debt to GDP ratio(Household Debt), and suicide rate. The data used in this study were standardized data from 2001 to 2015 of Korean Statistical Information Service(KOSIS) and the path analysis was performed using the analysis IBM SPSS 22 and Amos. As a result of the path analysis, the path of GDR-CPIL-Household Debt-Suicide rate, and the direct of effect were in order 0.954, 0.904 and 0.675 were confirmed. The indirect effect of GDR on Household Debt is 0.862, GDR on Sucide Rate is 0.581, CPIL on Suicide Rate is 0.610. Neither of these indirect effect coefficient was significant(p>0.05).

• Journal of Korea Society of Industrial Information Systems
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• v.29 no.2
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• pp.119-131
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• 2024

In recent years, there has been a significant growth in loan comparson services offered by fintech platforms in South Korea. However, it has been reported that loan comparison platform users tend to have a higher risk of default compared to non-users. This paper investigates the difference in platform-specific credit risk factors using survival analysis models - Kaplan-Meier curves and Accelerated Failure Time (AFT) model. Our findings show that, relative to non-users, users of loan comparison platforms are characterized by elevated default rates, a greater propensity for home ownership, lower credit scores, and shorter loan durations. Furthermore, our AFT models elucidate the variance in default risk among the various loan comparison service platforms, highlighting the imperative for customized strategies that address the unique risk profiles of customers on each platform.

• Industry Promotion Research
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• v.9 no.2
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• pp.197-205
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• 2024

This study examines the impact of corporate ESG performance on debt default risk using a sample of Chinese A-share listed.The I mpact of ESG Performance on Debt Default Risk of Heavy Polluter Firms from 2012 to 2022. The findings show that good ESG performance can effectively reduce firms' debt default risk. Further analysis shows that firms' ESG performance reduces debt default risk by mitigating the impact of financing constraints. This study explores the influencing factors of debt default risk from the perspective of ESG performance, and also enriches the research on the economic impact of corporate ESG performance, providing empirical evidence for the prevention of corporate debt default risk.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.6
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• pp.283-290
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• 2021

Survival analysis was used to determine whether there are differences in the impact of trade payables on business failure according to the size of the company. A total of 41,781 firms from 1999 to 2019 were analyzed. The analysis period was divided into the entire period and before and after the financial crisis. The trade payable ratio is a proxy variable. The increase in trade payables over the entire period increases the possibility of business failure of Small and Medium Enterprises (SMEs). However, in large firms, a significant relationship between the increase in the trade payable ratio and the possibility of corporate failure could not be confirmed. Second, in SMEs during the sub-periods of 1999-2007 and 2009-2019, it was found that an increase in trade payables acts as a factor that increases the possibility of corporate failure. However, in large corporations, the increase in trade payables in the period from 2009 to 2019 has been shown to reduce the rate of failure. An increase in trade payables is recognized as the active development of business activities or the active use of interest-free debt. Therefore, it was confirmed that the impact of trade payables on corporate failure differs depending on the size of the company.

• Korean Journal of Construction Engineering and Management
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• v.16 no.6
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• pp.84-91
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• 2015

Project Financing (PF) is a financing method, executed based upon the projected profitability from a project itself instead of relying on the credit rating of project sponsors or any type of collateral. However, most financial institutions of Korea lacks the long term profitability assessment capability, and they prefer to acquire credit reinforcement from the construction companies in the form of the guarantor or debt argument commitments. As a result, PF contingent liabilities as an indirect debt, are burdened to the construction companies. Even though the PF contingent liabilities are not supposed to be part of the financial statements, they became a mandatory disclosure items since 2009. In this study, PF contingent liabilities were studied to indicate how they were correlated with construction firms' financial ratios. Construction firms were grouped by their credit rating and each group was compared in order to analyze PF contingent liabilities' impact on the financial condition of the company in terms of liquidity, liability, and stability.

• KDI Journal of Economic Policy
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• v.15 no.2
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• pp.3-39
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• 1993

부실기업정리(不實企業整理制度)의 경제적(經濟的) 성격(性格)은 기업의 존속과 채권(債權)-채무(債務)의 조정(調整)으로 나누어 볼 수 있다. 본고(本稿)에서 필자(筆者)는 기업존속여부의 결정과 채권(債權)-채무(債務)의 조정시 사용될 수 있는 효율성(效率性)과 공정성(公正性) 기준을 제시한 뒤, 이에 입각하여 과거(過去) 및 현행(現行) 법정관리제도(法定管理制度)와 합리화조치(合理化措置)의 내용을 평가(評價) 분석(分析)하고, 개선방안을 제시하였다. 과거(過去) 및 현행(現行) 법정관리제도(法定管理制度)와 합리화조치(合理化措置)는 기업(企業)과 기업주(企業主)를 구분하지 못하여 기업의 조속결정과 채권(債權)-채무조정(債務調整)이 효율성(效率性)과 공정성(公正性)의 기준에 맞지 않게 이루어진 경우가 많았다. 본고(本稿)에서 제시한 주요(主要) 개선방안(改善方案)은 다음과 같이 요약할 수 있다. 부실기업정리시(不實企業整理時) 기업존속여부의 결정은 청산시 잔액가치(殘額價値)와 존속시 자산(資産)의 현재가치(現在價値)의 상대적(相對的) 크기에 의해 결정되어야 하며, 채권(債權)-채무(債務)의 조정은 본래의 채무계약(債務契約)의 정신을 계승하는 것이 바람직하다. 둘째, 채권(債權)-채무(債務)의 조정(調整) 부채(負債)-주식(柱式)의 교환(交換)과 제(第)3자(者) 매수방식(買受方式)을 적극 활용하여야 한다. 셋째, 부실기업(不實企業)에 대한 대규모 자금지원(資金支援)이 불가피한 경우 미국(美國)의 "크라이슬러"사(社)의 경우와 같이 주식전환부(柱式轉換附) 사채형식(社債形式)을 취하는 것이 바람직하다.

• Journal of Digital Convergence
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• v.18 no.9
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• pp.103-112
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• 2020

The purpose of this study is to examine the current status and components of Korean National Debt and to analyze the effects of each component on National Debt. In the Korean Statistical Information Service (KOSIS), we searched for data such as General Accounting Deficit Conservation, For Foreign Exchange Market Stabilization, For Common Housing Stability, Local Government Net Debt Public Funds, etc that constitute National Debt. The analysis period used a total of 23 annual data from 1997 to 2019. The data collected in this study use the rate of change compared to the previous year for each component. Using this, this study attempted index analysis, numerical analysis, and model analysis. Correlation analysis result, the National Debt has a high relationship with the For Common Housing Stability. For Foreign Exchange Market Stabilization, Public Funds, etc., but has a low relationship with the Local Government Net Debt. Since 1997, National Debt has been increasing similarly to the For Foreign Exchange Market Stabilization, For Common Housing Stability and Public Funds etc. Since 2020, Korea is expected to increase significantly in terms of For Common Housing Stability and Public Funds, etc due to Corona19. At a time when the global economic situation is difficult, Korea's National Debt is expected to increase significantly due to the use of national disaster subsidies. However, if possible, the government expects to operate efficiently for economic growth and financial market stability.