지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The currency option contracts transaction which became a particular problem these days, was performed by bank staff's solicitation. However, it can be virtually, these transactions that is to target the exchange rate fluctuations, have dangerous contents such as gambles between company and bank. Of course, it is not desirable to ask the bank responsible for the loss of all. The root cause of the loss is due to the fact that bank had sold derivative goods which had a great risk of price fluctuations, but it is supposed that companies would also have thought about exchange rate fluctuations to some extent. The principle of self-responsibility for this part may be applied. Therefore, both finance education and dissemination of knowledge for the investor is very important. This is the premise of the principle of self- responsibility and it will eventually lead to the protection of investors. We accordingly should respect the content of the decision that the Supreme Court admitted KIKO is not a contract by mistake or fraud but the prerequisites must be met before the first to claim the principle of self-responsibility, and then, it should be determined for conformity of content and solicitation of the contract. I think it is more preferable. It is difficult to say in the sole responsibility of one party on the stage of dispute resolution such as litigation or financial ADR. It is because at the time of the contract both parties would have made a agreement which is satisfied in some way for concluding a contract. Thus, I think it is necessary to utilize actively a system such as financial ADR in order to seek a solution that is admitted by both parties.
#KIKO계약
#금융소비자의 보호
#금융파생상품
#적합성의 원칙
#설명의무
#선물환 계약
#자본시장법
#업자규제
#불공정거래규제
#환위험의 회피
#knock-in knock-out contracts
#financial consumer protection
#financial deriva- tives
#the principle of conformity
#obligation to explain
#forward contracts
#capital market law
#vendor regulations
#unfair trade regulations
#avoid- ance of exchange rate risk
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