가계의 저축과 차용의 상관관계 분석

심영 한국소비자학회 1998 소비자학연구 Vol.9 No.1

금융혁신과 금융소비자보호

심영 한국상사법학회 2022 商事法硏究 Vol.41 No.3

현재를 제4차 산업혁명의 시대라고 말한다. 금융산업에서도 디지털화는 금융혁신을 이끌고 있다. 금융혁신은 금융상품과 금융서비스의 제조부터 판매(제공)까지 모든 영역에 영향을 미치고 있다. 금융혁신은 금융회사에게는 효율성과 수익성 향상에 도움을 주고 금융소비자에게는 보다 편리한 이용환경을 제공할 수 있다. 금융혁신에 따른 편익으로는 금융소비자 후생의 증가 및 비용절감, 금융포용, 금융경쟁의 제고, 금융회사 비용절감 등이 있다. 금융혁신에는 부정적인 면도 존재한다. 금융혁신에는 규제사각지대의 발생, 금융소비자 권리 침해 가능성 증가, 기술기반 위험의 확대, 금융소외 가능성 증가 등 위험이 존재한다. 금융혁신으로 인한 금융산업의 변화에 아날로그 시대에 만들어진 기존 규제가 제대로 기능하지 못할 수 있다. 특히 금융혁신은 금융규제완화를 동반할 가능성이 크다. 금융혁신과 금융규제완화로 인해 발생하는 금융규제상의 이슈는 건전성 및 금융소비자 보호 등 금융규제와 관련된 모든 분야뿐만 아니라 경쟁법적 이슈와 데이터 및 개인정보 보호 등 다양한 분야가 포함된다. 이 논문에서는 금융혁신에 따른 여러 가지 금융법적 문제 중에서 영업행위규제를 통한 금융소비자보호 문제를 다루었다. 금융혁신에 대응하기 위해 국제보험감독자협의회, 국제증권감독기구, 바젤은행감독위원회, OECD 등 다양한 금융규제관련 국제기준이 제시되었다. 보험산업과 관련하여 국제보험감독자협의회는 공정한 고객대우라는 대원칙을 제시하고 있다. 국제증권감독기구는 인공지능 및 머신러닝과 관련한 권고와 소매판매와 디지털화에 대한 자문보고서를 통해 금융소비자 보호의 원칙을 제시하고 있다. OECD는 이러한 국제기준을 보완하는 원칙으로 금융소비자 보호 기본원칙을 제시하고 있다. 우리나라 금융규제감독당국은 국제기준과 OECD의 기본원칙이 우리나라 금융소비자 보호 규제에 충분히 반영되고 있는지를 지속적으로 평가하고 보완하여야 하며, 금융소비자 보호와 관련한 위험과 문제점을 조속히 파악하고 이에 대처할 수 있는 역량을 확보하고 관련 시스템을 만들어야 한다. 또한 기술혁신과 관련한 관련 당국과 보다 더 긴밀한 협력을 강화함으로써 금융소비자 보호에 만전을 기할 수 있도록 하여야 한다.

[토론] 세대별 소비문화

심영 가정과삶의질학회 2013 가정과삶의질학회 학술발표대회 자료집 Vol.2013 No.5

수양명경근(手陽明經筋)의 해부학적(解剖學的) 고찰(考察)

심영,박경식,이준무,Sim Young,Park Kyoung-Sik,Lee Joon-Moo 경락경혈학회 2002 Korean Journal of Acupuncture Vol.19 No.1

This study was carried to identify the component of Large Intestine Meridian Muscle in human, dividing into outer, middle, and inner part. Brachium and antebrachium were opened widely to demonstrate muscles, nerve, blood vessels and the others, displaying the inner structure of Large Intestine Meridian Muscle. We obtained the results as follows; 1. Meridian Muscle is composed of the muscle, nerve and blood vessels. 2. In human anatomy, it is present the difference between a term of nerve or blood vessels which control the muscle of Meridian Muscle and those which pass near by Meridian Muscle. 3. The inner composition of meridian muscle in human arm is as follows. 1) Muscle; extensor digitorum tendon(LI-1), lumbrical tendon(LI-2), 1st dosal interosseous muscle(LI-3), 1st dosal interosseous muscle and adductor pollicis muscle(LI-4), extensor pollicis longus tendon and extensor pollicis brevis tendon(LI-5), adductor pollicis longus muscle and extensor carpi radialis brevis tendon(LI-6), extensor digitorum muscle and extensor carpi radialis brevis mucsle and abductor pollicis longus muscle(LI-7), extensor carpi radialis brevis muscle and pronator teres muscle(LI-8), extensor carpi radialis brevis muscle and supinator muscle(LI-9), extensor carpi radialis longus muscle and extensor carpi radialis brevis muscle and supinator muscle(LI-10), brachioradialis muscle(LI-11), triceps brachii muscle and brachioradialis muscle(LI-12), brachioradialis muscle and brachialis muscle(LI-13), deltoid muscle(LI-14, LI-15), trapezius muscle and supraspinous muscle(LI-16), platysma muscle and sternocleidomastoid muscle and scalenous muscle(LI-17, LI-18), orbicularis oris superior muscle(LI-19, LI-20) 2) Nerve; superficial branch of radial nerve and branch of median nerve(LI-1, LI-2, LI-3), superficial branch of radial nerve and branch of median nerve and branch of ulna nerve(LI-4), superficial branch of radial nerve(LI-5), branch of radial nerve(LI-6), posterior antebrachial cutaneous nerve and branch of radial nerve(LI-7), posterior antebrachial cutaneous nerve(LI-8), posterior antebrachial cutaneous nerve and radial nerve(LI-9, LI-12), lateral antebrachial cutaneous nerve and deep branch of radial nerve(LI-10), radial nerve(LI-11), lateral antebrachial cutaneous nerve and branch of radial nerve(LI-13), superior lateral cutaneous nerve and axillary nerve(LI-14), 1st thoracic nerve and suprascapular nerve and axillary nerve(LI-15), dosal rami of C4 and 1st thoracic nerve and suprascapular nerve(LI-16), transverse cervical nerve and supraclavicular nerve and phrenic nerve(LI-17), transverse cervical nerve and 2nd, 3rd cervical nerve and accessory nerve(LI-18), infraorbital nerve(LI-19), facial nerve and infraorbital nerve(LI-20). 3) Blood vessels; proper palmar digital artery(LI-1, LI-2), dorsal metacarpal artery and common palmar digital artery(LI-3), dorsal metacarpal artery and common palmar digital artery and branch of deep palmar aterial arch(LI-4), radial artery(LI-5), branch of posterior interosseous artery(LI-6, LI-7), radial recurrent artery(LI-11), cephalic vein and radial collateral artery(LI-13), cephalic vein and posterior circumflex humeral artery(LI-14), thoracoacromial artery and suprascapular artery and posterior circumflex humeral artery and anterior circumflex humeral artery(LI-15), transverse cervical artery and suprascapular artery(LI-16), transverse cervical artery(LI-17), SCM branch of external carotid artery(LI-18), facial artery(LI-19, LI-20)

시간지향성에 따른 소비자의 재무 지식, 태도 및 행동 분석

심영 한국소비자정책교육학회 2021 학술대회 Vol.2021 No.06

충북 지역 노인 소비자의 소비자 정보화 교육 방안 : 지역사회 주민을 위한 충북의 정보화 교육과의 연계 Connection with the Informationization Education the Community by Chung-buk Province

심영 대한가정학회 2003 Human Ecology Research(HER) Vol.41 No.5

The prupose of this study was to suggest the elderly consumer's consumer informationization education connected with the informationiaztion education for the community by Chung-buk province. Three hundred seventy nine elders were surveyed, with questionnaires from August 12 to September 30, 2002, and a hypothetical model of the consumer informationization education on the basis of the informationization education for the suggestion of the elderly consumer's consumer informationization education was tested. The results were as follows: the perception and the attitude on the informationiaztion education of the elderly were, with a statistical significance, posirively related to the perception and the attitude on the consumer informationization education of the elderly. The consumer informationization education (basis, application, attendance, and mission) on the basis of the informationzation education (basis and application) in steps was supported as a suggestion for the eldery consumer's consumer informationzation education.

한류스타의 경제적ㆍ문화적 효과

심영,박재권 한국영화학회 2007 한국영화학회 학술발표대회 논문집 Vol.- No.-

개정 상법상 이사의 의무와 책임에 관한 소고

심영 한국경영법률학회 2011 經營法律 Vol.21 No.4

Korean Commercial Code was amended in April, 2011. The 2011 amendment clarifies that the directors' liability to the company is a fault liability when they violate laws or articles of incorporation, changes the rules for acquisition of treasury stocks, and introduces stricter liability standard of self-dealing, prohibition of misappropriation of corporate opportunities, and executive officer system. This article analyses the new or revised rules for directors' duties and liabilities under the 2011 Korean Commercial Code amendment. It tries to interpret the new rules rather than to argue whether the new rules are appropriate. Chapter II. 1. explains the fault liability of directors' liability to the company. Chapter II. 2. analyses the new rules for acquisition of treasury stocks. The amendment expands the scope of transaction between company and director to major shareholders of listed company, spouse or lineal ascendant/descendant of director, lineal ascendant/descendant of director's spouse, and the companies which are owned by the directors, major shareholders, or his/her spouse or lineal ascendant/ descendant, lineal ascendant/descendant of his/her spouse. The expansion of scope may increase the possibility of directors' liability. The fairness requirement for the effectuation is provided clearly. Chapter II. 3. discusses the doctrine of usurpation of corporation opportunity. Under the Article 397-2, no directors shall, without the approval of the board, misappropriate the corporate opportunities. The doctrine of usurpation of corporation opportunity can curb the practice of giving the lucrative works to the person with special relationship. But the definition of corporate opportunity is very vague. Chapter II. 4. explains the duties and liabilities based on acquisition of treasury stocks. The amendment allows companies to acquire treasure stocks within the distributable surplus. The amendment introduces a director's liability of difference between purchase price and distributable surplus when a director bought treasury stocks more than distributable surplus. Chapter II. 5. discusses the mitigation of director's liability. Under the amendment, a company can limit the director's liability up to six times of compensation(three times in case of outside director).

미국법상 증권사기 관여자에 대한 민사책임

심영 한국상사법학회 2008 商事法硏究 Vol.27 No.2

In January 2008, the US Supreme Court ruled that a firm could not be held liable for a securities fraud merely because it was a business partner of a company that committed the fraud. The majority of the Supreme Court is concerned about the competitiveness of America’s capital markets. Various actors participate in various ways in the securities fraud. The main vehicle for actions against those actors is section 10(b) of the Securities Exchange Act of 1934 and the corresponding SEC Rule 10b-5 in US. The US Supreme Court held in 1994 Central Bank that there is no private right of action against parties aiding and abetting securities law violations under section 10(b). Afterwards, the investors who suffer from securities fraud have tried to establish ‘scheme liability’ in order to avoid this aiding and abetting limitation. The 2008 Stoneridge case rejects the ‘scheme liability’ theory which is based on Rule 10b-5(a) and (c) rather than (b). Korea has introduced the ‘catch-all securities antifraud provision’. This provision is very similar to the US Rule 10b-5. In order to interpret the provision appropriately, this article examines the US system and court’s interpretation and recommends the proper scope of secondary actor liability. Chapter II gives an overview of the second actor liabilities under the Securities Act of 1933 and the Securities Exchange Act of 1933. The Securities Act provides liability for misstatements or omissions in the registration statement and liability for material misstatements or omissions by sellers of securities. The Securities Exchange Act provides a private remedy for investors injured by the prohibited manipulative conduct and liability for misleading statements. Chapter III examines the federal court cases for the scope of second actors who is liable under Section 10(b) and Rule 10b-5. Before Central Bank, the federal circuits allowed the investors pursue the aiders and abettors of securities fraud. The Central Bank decision repudiated the entire aiding and abetting cause of action. Chapter IV analyzes the Stoneridge Investment Partners v. Scientific Atlanta case. The Stoneridge rejects the ‘scheme liability’ theory. The majority argues that existing remedies adequately police culpable conduct and to expand the scope of liability in private litigation would harm shareholders. It also suggests that US need to preserve competitiveness of securities markets. Chapter V gives a brief overview of the securities fraud liability and suggests some recommendation about the proper scope of secondary actor liability from the US second actor liability and its implication. In January 2008, the US Supreme Court ruled that a firm could not be held liable for a securities fraud merely because it was a business partner of a company that committed the fraud. The majority of the Supreme Court is concerned about the competitiveness of America’s capital markets. Various actors participate in various ways in the securities fraud. The main vehicle for actions against those actors is section 10(b) of the Securities Exchange Act of 1934 and the corresponding SEC Rule 10b-5 in US. The US Supreme Court held in 1994 Central Bank that there is no private right of action against parties aiding and abetting securities law violations under section 10(b). Afterwards, the investors who suffer from securities fraud have tried to establish ‘scheme liability’ in order to avoid this aiding and abetting limitation. The 2008 Stoneridge case rejects the ‘scheme liability’ theory which is based on Rule 10b-5(a) and (c) rather than (b). Korea has introduced the ‘catch-all securities antifraud provision’. This provision is very similar to the US Rule 10b-5. In order to interpret the provision appropriately, this article examines the US system and court’s interpretation and recommends the proper scope of secondary actor liability. Chapter II gives an overview of the second actor liabilities under the Securities Act of 1933 and the Securities Exchange Act of 1933. The Securities Act provides liability for misstatements or omissions in the registration statement and liability for material misstatements or omissions by sellers of securities. The Securities Exchange Act provides a private remedy for investors injured by the prohibited manipulative conduct and liability for misleading statements. Chapter III examines the federal court cases for the scope of second actors who is liable under Section 10(b) and Rule 10b-5. Before Central Bank, the federal circuits allowed the investors pursue the aiders and abettors of securities fraud. The Central Bank decision repudiated the entire aiding and abetting cause of action. Chapter IV analyzes the Stoneridge Investment Partners v. Scientific Atlanta case. The Stoneridge rejects the ‘scheme liability’ theory. The majority argues that existing remedies adequately police culpable conduct and to expand the scope of liability in private litigation would harm shareholders. It also suggests that US need to preserve competitiveness of securities markets. Chapter V gives a brief overview of the securities fraud liability and suggests some recommendation about the proper scope of secondary actor liability from the US second actor liability and its implication.

주식회사의 배당가능이익 계산과 미실현이익

심영 한국상사법학회 2014 商事法硏究 Vol.33 No.3

Companies exist by virtue of making profits. A company as independent body corporate has many interested parties. Shareholders, who have limited liabilities, generally want the company to distribute more profits but the creditors want the company to maintain more assets to repay its liabilities. Companies statutes limit the companies to distribute profits in order to protect creditors including involuntary creditors such as a victim of a tort. This article presents a critical analysis and evaluation of the current limits on distributable profits in Korean Commercial Code. Chapter two discusses various statutory limits on dividends. Equity fund approach, insolvency approach and financial ratio approach are analysed. Chapter three focuses on interpreting the current provision of Korean Commercial Code about limits on dividends including unrealized profits. This chapter discusses which balance sheet should be used for calculating distributable profits, what the capital means, and how much legal reserves should be deducted from the earned profits. Chapter three also evaluates the current statutory wording on the unrealized profits and the amendment for unrealized profits and losses generating from derivative products. Shareholders’ rights on distribution need to be limited for creditors protection. However current system does not give shareholders and creditors proper measures to monitor and evaluate that companies calculate right amount of distributable profits in accordance with the Korean Commercial Code. This article suggests that the transparence of scheme has to be established. Disclosure of statement of distributable profits calculation details will be one of the reasonable measures.