• Analyses & Alternatives
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• v.6 no.2
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• pp.117-154
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• 2022

The purpose of this study is to verify the practical validity of financial sanctions, which has recently emerged as the most powerful form of economic sanctions preferred by U.S. foreign policy tool. Based on the theoretical discussion, analyse this study the trend of de-dollarization appearing in connection with financial sanctions and argue that the effectiveness of financial sanctions erode the dollar financial hegemony, which is the source of its power can be degraded, so that its effectiveness could not be so great as most people likely think about. After World War II, there has been an increasing tendency in the international community to favor economic sanctions over the use of military force as an effective means of foreign policy. Among these economic sanctions, a distinct feature that has recently appeared is the remarkable increase in the frequency of use of financial sanctions. The country that favors financial sanctions most is the United States. The reason is that they believe that the power of their own dollar financial hegemony can exert deadly pressure on other countries. Financial sanctions favored by the United States are said to have increased the effectiveness of sanctions by upgrading the pressure of sanctions to the next level. Nevertheless, financial sanctions have a side that underestimates the cost. This problem is found in the signs that the backlash from not only countries subject to financial sanctions but also many countries with interests in these countries is leading to a tendency to de-dollarization. This study will try to see how likely this de-dollarization trend is to offset the effectiveness of financial sanctions.

• Journal of Arbitration Studies
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• v.34 no.1
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• pp.27-50
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• 2024

This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.

• Journal of the Korea society of information convergence
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• v.7 no.1
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• pp.25-46
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• 2014

After examining the current situations of financial frauds and the reasons for their occurrence in the financial institutions through examples of financial frauds in domestic and abroad, this study presents ways to prevent such financial scams. The preventive measures consist of activities before and after the occurrence of financial frauds and during normal financial operations. The activities are as follows: 1. Preventive activity should be strengthened before the occurrence of financial frauds. That is, first, the enforcement of consistent internal control is needed. Second, in order to block the probability of financial frauds involved with employees, ethics education and a reward program for inside tippers need to be run. Third, financial institutions need to apply for comprehensive insurance policy to minimize the lost in case. 2. Preventive activity should be strengthened during normal financial operations. First, self authentication system for customers needs to be introduced. Second, dealings of day, week, and month need to be thoroughly checked and the system of audit needs to be expanded. Third, message service for the information on financial frauds and their preventive measures needs to be expanded. Fourth, public notification system against examples of financial frauds needs to be expanded. 3. Preventive activity after the occurrence of financial frauds should be strengthened. First, awareness for preventive measures such as imposing penalty on the manager needs to be enhanced. Second, strict restrictions on financial frauders such as a criminal charge needs to be strengthened. Third, there should be legal devices and resolutions in order to retrieve all the money deceived by financial frauds.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.4
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• pp.193-201
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• 2017

Financial firms strengthen to protect personal information from the leakage, introducing various security solutions such as print output security, internet network Isolation system, isolationg strorage of customer information, encrypting personal information, personal information detecting system, data loss prevention, personal information monitoring system, and so on. Financial companies are also entering the era of cutthroat competition due to accept of the new channels and the paradigm shift of financial instruments. Accordingly, The needs for security for customer information held by financial firms are keep growing. The large security accidents from the three card companies on January 2014 were happened, the case in which one of the outsourcing personnel seized customer personal information from the system of the thress card companies and sold them illegally to a loan publisher and lender. Three years after the large security accidents had been passed, nevertheless the security threat of the IT outsourcing workforce still exists. The governments including the regulatory agency realted to the financail firms are conducting a review efforts to prevent the leakage of personal information as well as strengthening the extent of the sanction. Through the analysis on the application of security policy for outsourcing personnel in case of large-scale Financial IT projects and the case study of appropriate security policies for security compliance, the theis is proposing a solution for both successfully completing large-scale financial IT Project and so far as possible minizing the risk from the security accidents by the outsouring personnel.

• Convergence Security Journal
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• v.14 no.4
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• pp.109-116
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• 2014

Personal information leakage in financial corporations including three card corporations has occurred constantly this year. It is due to incomplete encryption system and negligent personal security. Solicitors are known as a cause of information leakage because they operate with leaked information. Information leakage can cause secondary damage with mental demage to person and result in a drop in reliability as well as an operating loss in financial corporations. Also because it can destroy a base of credit society, prevention of recurrence is badly needed. The government finally announced 'general measures for prevention of information leakage in the field of finance' with sanctions reinforcement and restriction to collect, possess, provide personal information as the main agenda. And a related law revision is going in the National Assembly. In this paper, effectiveness of government measures is weighed with the cause analysis of information leakage and countermeasure for prevention of information leakage is found.

• Economic Analysis
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• v.26 no.2
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• pp.1-42
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• 2020

This paper studies, from a quantity theory of money perspective, the reasons that North Korean inflation and exchange rates maintain stability while its economy is experiencing difficulties due to the international community's economic sanctions. In doing so, this paper uses both domestic and foreign currencies in an analytic model based on the quantity theory of money to cautiously reflect North Korea's dollarization as well as its management of its exchange rate. In particular, foreign currency holdings are divided into those for store-of-value purposes and those for transaction purposes. This paper shows that in the early stages, in which the amount of foreign currency holdings for store-of-value purposes is decreasing while the amount of foreign currency holdings for transaction purposes is intact, inflation and exchange rates both exhibit stable movements. In the middle stages, where the amount of foreign currency holdings for transaction purposes begins to fall, exchange rates show some increase and inflation decreases. In the final stages, when the amount of foreign currency holdings for transaction purposes significantly decreases, exchange rates and inflation both increase, and in some situations a crisis can happen. According to this paper's analysis, if the economic sanctions continue to the extent that the amount of North Korean foreign currency holdings for transaction purposes starts to fall, the exchange rate and inflation stability we see now are unlikely to be maintained.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.742-752
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• 2011

Multi-Level Marketing distribution process to reduce occurs in a number of the distribution costs to consumers of reducing its profits outside the area subject to the non-store or stores is the way to a special sale. Japan for the multi-level marketing Article 33 of the Act on Specified Commercial Transactions at or below the regulatory chain is defined as dealers. However, unlike other legislative attention two -dimensional chain for sales transactions are regulated. A chain of Japanese regulations on sales transactions, the definition is very specific and detailed regulations, and the chain is specifically for sales transactions in detail how to take regulatory and regulatory relief of pre- and post- regulatory focus, and the streamlining of regulatory aimed at restrictions on how the implications of such a large country.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.9 no.3
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• pp.129-138
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• 2014

After global economic crisis, China has become one of the two pillars in the global economies and the country contributing to the Korean economy. Nevertheless, the research on Chinese financial market, particularly capital market, is rare to date. This study examined the growth enterprise market that emergedat the Shenzhen stock exchange and made comparative analysis on before and after listing for the Chinese small and medium sized firms and venture firms. The listing requirements at the Chinese growth enterprise market for the technologically innovative venture firms and fast-growing small and medium sized firms with financing purpose were more alleviated than the main board of Shenzhen stock exchange. Moreover, the listing procedures are simplified as well. Accordingly, many Chinese enterprises tend to list and the competition for listing is also intense. In particular, with the 36 initially listed firms at growth enterprise market as the research target, the investigation for the business performance before and after listing reveals that the three indexes including return on common equity, debt ratio and operating profit growth rate dropped dramatically for most all the firms. That is, the profitability and growth for the venture firms and small and medium sized firms listed on the Chinese growth enterprise market decreased rapidly after going public, only the stability improved due to the great financing. Taking a step forward, this phenomenon may result from the exaggerated reporting for the business performance before listing with the purpose of going public by the venture firms and small and medium sized firms. Thus, Chinese Securities Regulatory Commission should strengthen the accounting evaluation standard and regulation for the listing firms before going public. In addition, strict sanctions should be imposed on the firms with fraudulent accounting to establish healthy capital market.