• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.405-427
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• 1999

Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

• The Journal of Fisheries Business Administration
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• v.45 no.3
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• pp.55-69
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• 2014

We try to test the pecking order theory of Korean fisheries firm's capital structure using debt capacity. At first, we estimate the debt capacity as the probability of assigning corporate bond rating from credit-rating agencies. We use logit regression model to estimate this probability as a proxy of debt capacity. The major results of this study are as follows. Firstly, we can confirm the fisheries firm's financing behaviour which issues new debt securities for financial deficit. Empirical test of SSM model indicates that the higher probability of assigning corporate bond rating, the higher the coefficient of financial deficit. Especially, high probability group follows this result exactly. Therefore, the pecking order theory of fisheries firm's capital structure applies well for high probability group which means high debt capacity. It also applies for medium and low probability group, but their significances are not good. Secondly, the most of fisheries firms in high probability group issue new debt securities for their financial deficit. Low probability group's fisheries firms also issue new debt securities for their financial deficit within the limit of their debt capacity, but beyond debt capacity they use equity financing for financial deficit. Therefore, the pecking order theory on debt capacity come into existence well in high probability group.

• The Journal of Asian Finance, Economics and Business
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• v.4 no.1
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• pp.5-18
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• 2017

Total debt in the People's Republic of China surged to nearly 290% as a ratio to GDP by the second quarter of 2016, mostly on account of non-financial corporate debt. The outpouring of credit to stem the impact of the global financial crisis accentuated industrial overcapacity in traditional sectors, such as steel, cement, and energy, while feeding asset bubbles in the property, equity and bond markets. At the Chinese corporate level, this has translated into weakened fundamentals and a fall in industrial profits, particularly of SOEs. As debtors struggle to service interest payments, non-performing loans (NPLs) have been on the rise. This paper assesses the financial fragility of the Chinese economy by looking at risk factors in the non-financial sector. We apply quantile regressions to a dataset containing all Chinese listed companies in Standard & Poor's IQ Capital database. We find higher sensitivity over time of corporate leverage to some of its key determinants, particularly for firms at the upper margin of the distribution. In particular, profitability increasingly acts as a curb on corporate leverage. At a time of falling profitability across the Chinese non-financial corporate sector, this eases the brake on leverage and may contribute to its continuing increase.

• The Journal of Economics, Marketing and Management
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• v.9 no.1
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• pp.25-40
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• 2021

Purpose: The forecasting is the likelihood scientifically proved judgment about the prospects, the possible conditions of this or that phenomenon in the future and (or) about the alternative ways and the means of their realization. To adapt the instruments of budgeting for the analysis cash flow of company. Research design, data and methodology: The creates the budget of cash flow were carried out on the basis of data of the report for the 2017 of corporations POSCO and in the first half of the 2018 Daewoo Shipbuilding & Marine Engineering of South Korea. Results: The simultaneous use of budgeting techniques and the simple financial analysis allows to systematize the transactions, to identify the main problem areas in the movement cash flows. Therefore, working capital analysis is to determine the limits of their fluctuations in view of the changes in the business processes. Conclusions: In the pedagogical context solved the features of budgeting in the part evaluation current assets, its financing, its elements: the cash, the debtor. In the process of budgeting of cash flow, in credit budget, in financial budget we can see the main indicators: the current assets, the functioning capital, the optimum number of debtors, the optimum amount of cash and another.

• Knowledge Management Research
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• v.21 no.3
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• pp.229-247
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• 2020

In the remarkable growth of P2P financial platform in the field of knowledge management, only companies with big data and machine learning technologies are surviving in fierce competition. The ability to analyze borrowers' credit is most important, and platform companies are also recognizing this capability as the most important business asset, so they are building a credit evaluation system based on artificial intelligence. Nonetheless, online P2P platform providers that offer related services only act as intermediaries to apply for investors and borrowers, and all the risks associated with the investments are attributable to investors. For investors, the only way to verify the safety of investment products depends on the reputation of P2P companies from newspaper and online website. Time series information such as delinquency rate is not enough to evaluate the early stage of Korean P2P makers' credit analysis capability. This study examines the credit analysis procedure of P2P loan platform using artificial intelligence through the case analysis method for well known the top three companies that are focusing on the credit lending market and the kinds of information data to use. Through this, we will improve the understanding of credit analysis techniques through artificial intelligence, and try to examine limitations of credit analysis methods through artificial intelligence.

• Korean Journal of Construction Engineering and Management
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• v.23 no.4
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• pp.36-46
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• 2022

It takes a relatively long time for construction companies that lack the ability to finance to adapt to construction policy in the construction industry. However, financial institutions rarely provide financial products to construction companies, particularly small and medium-sized construction companies, because their security capacity and credit rating are low. This study investigates the financial products needed for small and medium construction companies to adapt to policy changes. The demand of small and medium construction companies for financial products is analyzed by experts' advise and survey. And, when the investigated financial products for the construction industry are introduced, the legal systems in need of revision are analyzed. Based on the analyzed demand and the number of legal systems needing revision, the priority for the introduction of financial products to the construction industry is analyzed. Among the financial products investigated, the priority of "Expert consultation, such as accountant, tax accountant, lawyer, etc." is the highest. In future studies, the criteria and method of financial product development for high-priority financial products could be researched.

• Convergence Security Journal
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• v.14 no.4
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• pp.109-116
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• 2014

Personal information leakage in financial corporations including three card corporations has occurred constantly this year. It is due to incomplete encryption system and negligent personal security. Solicitors are known as a cause of information leakage because they operate with leaked information. Information leakage can cause secondary damage with mental demage to person and result in a drop in reliability as well as an operating loss in financial corporations. Also because it can destroy a base of credit society, prevention of recurrence is badly needed. The government finally announced 'general measures for prevention of information leakage in the field of finance' with sanctions reinforcement and restriction to collect, possess, provide personal information as the main agenda. And a related law revision is going in the National Assembly. In this paper, effectiveness of government measures is weighed with the cause analysis of information leakage and countermeasure for prevention of information leakage is found.

• 사회경제평론
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• v.31 no.2
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• pp.71-104
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• 2018

The purpose of this study is to reveal the significance of regional loan-to-deposit ratio and local banks through Post-Keynesian endogenous monetary theory. According to endogenous monetary theory, banks, rather than financial intermediaries, are credit creation agencies that create deposit money through loans. On the other hand, according to the existing view which interprets bank as a financial intermediary, it is seen that the higher the loan-to-deposit ratio of the deposit bank in a region, the more active the lending activity based on the deposit inflow. However, according to the endogenous monetary theory, the loan-to-deposit rate is reinterpreted as an indicator of regional balance. Especially, relatively high lending-to-deposit rate of a region is interpreted as follows: money circulation in the region is shrinking due to the outflow of deposits created through loans in the region. In addition, when considering the local based financial practices of local banks, their ability to create credit, and their impact on the real economy, it is necessary to positively review the local bank restructuring policy from the perspective of balanced regional development.

• Journal of Digital Contents Society
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• v.4 no.1
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• pp.1-10
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• 2003

This research focuses on the system design of a service method for a customized electronic card on the internet. It develops the system which covers from the input stage of the credit information including a credit card number, a debit card number, and a bank account number, through the process of decision for issuing the customized electronic card and for the payment of business transaction, to the payment stage. Users are allowed to make their own customized card depending on their situations by choosing a limit of balance, a number of usage, expiration date, recharge, and, anonymity of electronic card on the internet. These characteristics enhances convenience and security of card users. In addition, user's financial damage can be minimized when a credit card is lost by any reason.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.159-178
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• 2013

International factoring is very useful to transfer credit risk, to promote cash flow, to collect debt and to reduce cost and expenses. However, International factoring system in china shows imperfection especially in gap of legal vacuum and its limit to be developed. Here I suggest a practical alternative for development of International factoring system in china as follow. First, legal environment in China for factoring system should be rearranged. Even law and contract law have relative clauses for factoring system there are many difficulty to be applied. It is necessary to prepare legal ground for factoring system. Second, without recourse for International factoring system should be fixed. Without recourse is the essential point for factoring system in international trade. In fact chinese factors are partially applied only for those big global companies. However International factoring system is especially useful for small-medium companies lacked of a good credit rating. It is necessary to promote special factors by combining financial organizations as it does in developed countries. Third, they need to make legal ground to prohibit unlicensed factoring companies. Forth, they need to educate usefulness of factoring system. The settlement system in China is to be developed by systematic researches and promotion for International factoring system.