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자산유동화에 있어서 법적인 제반문제에 대한 고찰open accessA Study on the Various Legal Issues in Asset-Backed Securitization

Other Titles
A Study on the Various Legal Issues in Asset-Backed Securitization
Authors
윤창술
Issue Date
2011
Publisher
단국대학교 법학연구소
Keywords
자산유동화(ABS(Asset-Backed Securitization); 자산유동화에 관한 법률(ABS ACT(Asset-Backed Securitization Act)); 유동화전문회사(SPV); 유동화증권(Securitization Transaction); 주택저당채권유동화(Mortgage-Backed Securitization)
Citation
법학논총, v.35, no.2, pp 343 - 375
Pages
33
Indexed
KCI
Journal Title
법학논총
Volume
35
Number
2
Start Page
343
End Page
375
URI
https://scholarworks.gnu.ac.kr/handle/sw.gnu/23902
DOI
10.17252/dlr.2011.35.2.012
ISSN
1738-3242
Abstract
Asset-Backed Securitization is referred to as a series of activities involving issuance of asset-backed securitization to enhance the liquidity of non-current assets, and it is used as a useful method to raise funds at low cost by financial institutions and corporations. In addition, it contributes to enhancing the soundness of the financial structures since risky assets are financed by securitization, and asset holders can raise the capital adequacy ratio. The need for legislation on the asset-baked securitization has steadily been suggested centering on the financial institutions, but active promotion of legislation has not been made until 1997, when extreme shortages of liquidity occurred after the IMF crisis. And finally ‘Asset-Backed Securization Act’, a basic law on the asset backed securitization (ABS) was legislated on September 16, 1998. As known from the background of enactment and regulatory contents,‘Asset-Backed Securization Act’ has the nature of support law, not regulatory law since it is designed for activation of asset-backed securitization. In this study, various legal issues such as the basic structures of asset-backed securitization, the legal nature of asset-backed securitization and maintenance of the transfer conditions were figured out. The Asset-Backed Securization Act was legislated for cleanup of non-performing loans from financial institutions initially. However since 1998, when the Asset-Backed Securitization Act came into effect,the market for asset-backed securitization has grown quantitatively and it brought about many changes in quality. With these quantitative and qualitative changes, many unexpected problems came to occur, and there is growing possibilities of controversial legal issues depending on the contents of securitization. For development of Korea’s finance, activation of asset-backed securitization is required, and it is necessary to deduce improvement plan for asset-backed securitization system on the basis of the analysis on the problems occurred in the course of system operation and changes in market environment. For this, the technical and structural characteristics of asset-backed securitization are to be figured out, and then multiple problems is to be reviewed from legal aspects. In addition, to secure safety and reliability of asset-backed securitization, it is required that the unnecessary or unreasonable contents in the special provisions of ‘Asset-Backed Securitization Act’ should be continuously complemented to resolve several legal issues.
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