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날씨派生商品의 法的 規制에 관한 硏究

A Study of the Legal Regulation of Weather Derivatives

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Abstract

【Abstract】 A Study of the Legal Regulation of Weather Derivatives Chung Sang-Keun There are many companies and individuals who suffer from weather fluctuation. Weather Derivatives are like Options managing and reducing this risk. Option purchaser is granted the privilege of buying(call option) or selling(put option) a underlying commodity. If the price fluctuates, he is, as a result, more attractive than the option writer. The buyers pay the seller a fee for granting the privilege. This fee is called the premium. An option may be defined as the right, but not an obligation to buy or sell a particular item. On the other hand, insurance contracts are based on statistics and the other insured in here is helpful to one. Weather Derivatives are not ways of financing in the company, but zero-sum game between the parties. The loss in one is to be offset by a gain in the other. Deregulation is an worldwide phenomenon in this area, but derivatives like underlying assets are to be harmful to the parties with its complexity, market manipulation and fraud, so CEA as an regulations rule is applied to swap agreement in america. Weather derivatives are also in need of regulation ? Yes, but american legislator ease it to the ECP(eligible contract participant) in CFMA 2000. We must prepare for need in weather fluctuations risk by way of insurance and/or derivatives. In future, experience in american and japan are also useful to us. We must find a method to resolve our problems with this experience.

참고문헌 (19)

  1. 김건식, "증권거래법, 제3판" (2004), 두성출판사
  2. 김건식, "스왑거래에 관한 법적 연구" (1997), 한국금융연구원
  3. 구모영, "형법강의" (2002)
  4. 동양선물, "선물거래실무" (1994)
  5. 이금호, "파생금융거래 관련 법적 이슈 검토", 경영법률 (2004)
  6. 정영민, "파생금융상품과 국제거래조세제도 해설" (2003), 법학사
  7. 한철, "보험․해상법" (2003), 형설출판사
  8. 吉澤卓哉, "店頭保險 氣候商品に 關する 法規制", 損害保險硏究, 64(1) (2002)
  9. 相澤敏彦, "保險會社と 氣候派生商品", 保險每日新聞 (2002)
  10. 土方薰, "總論天候派生商品" (2003), Sigma Base Capital
  11. Angus Rodger, "Market Forces -Raiders of Storm-" (2005), Energy Compass
  12. Board of Governors of the Federal Reserve System, "Department of the Treasury, Commodity Futures Trading Commission and Securities and Exchange Commission" (2001), Joint Report on Retail Swaps
  13. Claussen, "Bank- und Boersenrecht, 2Aufl." (2000)
  14. David F. Freeman, "Legislative and Structral Developments : Banking Reform for Muller, Andreas and Marcel Grandi, Weather Derivatives : A Risk Management Tool for Weather-sensitive Industries", Geneva Paper, 25(2) (2000)
  15. "Order of the Commodity Futures Trading Commission Concerning the Trading of Futures and Option Contracts Based on Weather Indices on Exempt Boards of Trade.", ~
  16. President`s Working Group on Financial Markets, "Over-the-Counter Derivatives Markets and the Commodity Exchange Act" (1999)
  17. Schwark, "Festschrift", Steindorff.
  18. Shinyoungoo, "Wheather Derivatives and Seasonal Forecasts", 증권학회지, 33(4) (2004)
  19. ALI_ABA Course of Study, "Securities", ~ (2000)

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