企業金融에 있어서의 後順位債(Subordinated Debt)에 관한 연구 - 우리나라의 최근 발행현황과 관련한 비교법적 검토

• 영문명: A Study on Subordination Agreement Related to Corporate Finance
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 남유선(You-Sun Nam)
• 간행물 정보: 『비교사법』比較私法 제13권 제1호, 265~301쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  It is in this context, under the backdrop of a complete absence of specific provisions or guidance related to subordinated debt, that this paper operates. Accordingly, the paper focuses on legal measures, including legislation and court attitudes, adopted by other countries (primarily the United States) as providing the most beneficial guidance for Korean policy makers in navigating the potentially rough present and future waters associated with the adoption of a comprehensive equitable framework for the treatment of certain key subordinated debt matters.
  Specifically, this paper addresses the important role that policy governing subordinated debt should play in the current debate and adoption of the related statutes.
  Although the paper discusses diverse aspects of corporate finance and bankruptcy law, as it pertains to subordination, the primary focus remains on the significance of judicial enforcement of subordination agreements. This paper also articulates the important role that subordinated debt plays from an economic and policy standpoint, with particular mention of relevant lessons learned from the Asian financial crisis. It examines the conditions giving rise to the creation of subordination agreements and the prevalent past and present business uses of such arrangements. This further explores the important differences between subordinated debt versus equity financing, including a definition of various types of subordination agreements.
  On the other hand, the reality of Korean law recounts special emphasis on the relationship between subordination and the BIS Capital Adequacy Ratio regulations. The paper additionally focuses on the potentially vital role that subordination could/should play in the business and financial arena and discusses certain legalities which are central to the current debate. The last part of this paper finalize the adoption of guidelines for the enforcement of subordination agreements.

목차

Ⅰ. 槪觀
Ⅱ. 後順位債(Subordinated Debt) 의 分類
Ⅲ. 後順位約定(Subordination Agreement)의 法律構成
Ⅳ. 우리나라에 있어서의 後順位債의 기능 및 발행현황
Ⅴ. 結語
참조도표
별지
[참고문헌]
【ABSTRACT】

키워드

후순위채 후순위약정 기업금융 시장규율 회사정리 파산 Corporate finance Subordinated debt Subordinationagreement Market discipline Bankruptcy