• The Journal of Small Business Innovation
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• v.20 no.1
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• pp.1-18
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• 2017

This study examined whether divided and spun-off companies design and execute spin-offs to minimize tax burdens by analyzing multiple spin-off transactions in the Dongbu Group, when the Korean tax law regarding corporate restructuring was amended in July 2010. Before the July 2010 tax amendment, taxes on the capital gains arising from the qualifying spin-off were deferred to the earlier of the shares in or assets acquired by the spun-off company are disposed. This tax treatment relieves the divided company's tax burden by deferring taxes on capital gains, compared with non-qualifying spin-offs. However, if shares in or assets acquired by the spun-off company are disposed after the July 2010 tax amendment, the capital gain incurred at the time of the qualifying spin-off would be taxed again at the spun-off company, in addition to a taxation on the divided company's capital gains. This creates double taxation implications for the parties involved in the spin-off. As a result, the double taxation may outweigh the benefit from the tax deferral on the qualifying spin-off, which may make a qualifying spin-off tax unfavorable. Among the four spin-off cases in the Dongbu Group addressed in this study, a spin-off occurred before the tax amendment, whereas three spin-offs occurred after the tax amendment. Initially, we expected that the spin-off before the tax amendment would be a qualifying spin-off, and the other three spin-offs would be non-qualifying spin-offs, considering the taxation rules before and after the July 2010 tax amendment. However, based on the review of summarized balance sheets disclosed in the spin-offs' corporate filings, no capital gains arose during the four spin-offs that occurred in the Dongbu Group. Therefore, we concluded that the Dongbu Group considered non-tax factors more than tax factors while designing and executing the spin-offs. The local media posited during this period that these spin-offs may intend to resolve financial issues in the Dongbu Group, and this analysis was supported by the fact that some shares in the new spun-off companies were sold by the Dongbu Group. Our case studies provide evidence that all costs, including both tax and non-tax costs, must be considered in the course of spin-offs, in addition to the tax burdens on all parties involved in the corporate restructuring, which parallels the work of Scholes et al. (2008). This study provides implications that various aspects should be considered and reviewed in advance when the management makes decisions for effective tax planning.

• Journal of Environmental Policy
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• v.5 no.4
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• pp.107-126
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• 2006

The voluntary agreement between industries and government on the recycling of wastes has been analysed. The agreement is one of the threatened voluntary agreements. Theoretically these agreements make it possible to fulfill recycling goals with minimized cost. It is the objective of this paper to evaluate the efficiency of the voluntary agreement on recycling wastes by examining of Nash Equilibrium. In the first place, the equilibrium of a bilateral agreement between the representative of industries (association of firms) and government will be analysed to confirm if cost minimization strategies by the association result in a sub-game perfect Nash Equilibrium. This is followed by an analysis of a multilateral agreement among the members of the association to see how the equilibrium and efficiency conditions change. We tried to find some implications that the result of the analysis casts on the environmental policy matters.

• The Korean Journal of Archival Studies
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• no.47
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• pp.197-225
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• 2016

Korean archival community had continuously dealt with attempts at weakening the core of records and archives principles in the name of deregulation. In 2015, Korean government announced revisions of the Archives Law in order to boost uses of commercial records facilities by public institutions. As key concepts were unclear and understandings among stake-holders varied, a considerable degree of chaos and anxiety aroused. The amendment itself was held at National Assembly. The unresolved disputes rested, however, waiting for another attempt of similar nature. As the recognition propelled this paper, it aimed at reviewing major contending arguments and proposing future actions.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.22 no.1
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• pp.1-11
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• 2019

This study suggested that various stakeholder can be participated in regional Environment planning and practical use of policy with rapid assessment of Ecosystem Services(ES). We applied to the rapid assessment of ES method to Ansan city and local registers selected Ecosystem assets that considered to space of ES. Ecosystem assets were measured 5 types Likert scale about 37 indicators of ES and confirm the main ES through the basic statistics. Furthermore Ecosystem assets classified according to similar character of ES. Ecosystem assets of Ansan were selected 47 site and Local climate regulation, Research and education, Primary production was high among the ES indicators. As a result two main group deduced that ecological education group(such as Research and education, Habitat) and safety regulation group(such as Air regulation, Fire regulation) through the factor analysis. In terms of location characteristics of each group, the ecological education-centered ecosystem assets were located near the downtown area, while the safety regulation group was located at the outskirts, such as mountains and coasts. This indicates that the ecological education about the habitat provision can be achieved in Ansan city downtown area and that outskirts should be approached from the aspect of ecological function to establish a plan. The result of Rapid assessment of ES, which can be lead a balanced and developmental consultation when establishing polices for environment planning and management in region.

• Journal of Intelligence and Information Systems
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• v.20 no.1
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• pp.149-161
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• 2014

The export of domestic public services to overseas markets contains many potential obstacles, stemming from different export procedures, the target services, and socio-economic environments. In order to alleviate these problems, the business incubation platform as an open business ecosystem can be a powerful instrument to support the decisions taken by participants and stakeholders. In this paper, we propose an ontology model and its implementation processes for the business incubation platform with an open and pervasive architecture to support public service exports. For the conceptual model of platform ontology, export case studies are used for requirements analysis. The conceptual model shows the basic structure, with vocabulary and its meaning, the relationship between ontologies, and key attributes. For the implementation and test of the ontology model, the logical structure is edited using Prot$\acute{e}$g$\acute{e}$ editor. The core engine of the business incubation platform is the simulator module, where the various contexts of export businesses should be captured, defined, and shared with other modules through ontologies. It is well-known that an ontology, with which concepts and their relationships are represented using a shared vocabulary, is an efficient and effective tool for organizing meta-information to develop structural frameworks in a particular domain. The proposed model consists of five ontologies derived from a requirements survey of major stakeholders and their operational scenarios: service, requirements, environment, enterprise, and county. The service ontology contains several components that can find and categorize public services through a case analysis of the public service export. Key attributes of the service ontology are composed of categories including objective, requirements, activity, and service. The objective category, which has sub-attributes including operational body (organization) and user, acts as a reference to search and classify public services. The requirements category relates to the functional needs at a particular phase of system (service) design or operation. Sub-attributes of requirements are user, application, platform, architecture, and social overhead. The activity category represents business processes during the operation and maintenance phase. The activity category also has sub-attributes including facility, software, and project unit. The service category, with sub-attributes such as target, time, and place, acts as a reference to sort and classify the public services. The requirements ontology is derived from the basic and common components of public services and target countries. The key attributes of the requirements ontology are business, technology, and constraints. Business requirements represent the needs of processes and activities for public service export; technology represents the technological requirements for the operation of public services; and constraints represent the business law, regulations, or cultural characteristics of the target country. The environment ontology is derived from case studies of target countries for public service operation. Key attributes of the environment ontology are user, requirements, and activity. A user includes stakeholders in public services, from citizens to operators and managers; the requirements attribute represents the managerial and physical needs during operation; the activity attribute represents business processes in detail. The enterprise ontology is introduced from a previous study, and its attributes are activity, organization, strategy, marketing, and time. The country ontology is derived from the demographic and geopolitical analysis of the target country, and its key attributes are economy, social infrastructure, law, regulation, customs, population, location, and development strategies. The priority list for target services for a certain country and/or the priority list for target countries for a certain public services are generated by a matching algorithm. These lists are used as input seeds to simulate the consortium partners, and government's policies and programs. In the simulation, the environmental differences between Korea and the target country can be customized through a gap analysis and work-flow optimization process. When the process gap between Korea and the target country is too large for a single corporation to cover, a consortium is considered an alternative choice, and various alternatives are derived from the capability index of enterprises. For financial packages, a mix of various foreign aid funds can be simulated during this stage. It is expected that the proposed ontology model and the business incubation platform can be used by various participants in the public service export market. It could be especially beneficial to small and medium businesses that have relatively fewer resources and experience with public service export. We also expect that the open and pervasive service architecture in a digital business ecosystem will help stakeholders find new opportunities through information sharing and collaboration on business processes.

• Journal of the Korean Society for Marine Environment & Energy
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• v.13 no.4
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• pp.327-334
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• 2010

The paper describes the history and the evolution of the conflict of the Saemangeum reclamation project, focusing on the court trial processes. The Saemangeum project is the world largest coastal reclamation work, regarded as the most controversial environmental issue in the recent history of Korea. Due to the severe pollution found in Lake Sihwa in 1996, the Saemangeum project began to receive a large degree of public concern on the water quality of the proposed artificial freshwater lake. Unlike the Sihwa case, the Korean court system intervened to resolve the heated conflicts between stakeholders in the Saemangeum case. Based on the same set of facts, the Korean courts showed different perspectives on the economic feasibility, value of the ecosystem, land use, and water quality, which represents the limit of legal system to address complicated environmental problems. After the final judgment by the Supreme Court, 'the Special Act for the promotion of the Saemangeum reclamation project', was enacted with strong political support from local leaders and congressmen. A more developmental-oriented land use plan came out in 2009 based on this Act. The Saemangeum project walked along the different pathway from the Sihwa case. The area should be managed in sustainable manners to appropriately consider conservation and development for the prosperity of local residents and future generations.

• Journal of Korean Society of Forest Science
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• v.97 no.3
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• pp.305-315
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• 2008

Payments for Environmental (or Ecosystem) Services (PES) are emerging as new conservation policy tools. The basic concept underlying PES is that users pay to providers of environmental services for ensuring the continual provision of services based on the voluntary contracts. The purpose of this paper is to introduce the concepts and types of PES and to design a pilot PES scheme for biodiversity/ecosystem conservation on Genetic Reserve Forest in Korea. Genetic Reserve Forest is one of the protected areas designated in Korea to maintain forest biodiversity. PES is designed for the pine forests only in Genetic Reserve Forest, which corresponds to 943 ha. Service providers are to manage their forests based on the contracts in ways that maintain and enhance forest biodiversity and receive the payments in return. The payments are calculated as the sum of management, monitoring, and opportunity costs, resulting 1,140,378 won/year/ha (it corresponds to approximately $1,227 based on the 2007 average exchange rate 1$ = 929.2 won). Because PES are relatively new policies, however, more work needs to be done. Future work includes researches on the correlation between forest biodiversity and management practices and the economic evaluation of forest biodiversity. In addition, enhancing awareness on PES and education of stakeholders are warranted to further develop the scheme.

• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• Journal of the Korean Society for Marine Environment & Energy
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• v.15 no.1
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• pp.30-37
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• 2012

This paper assessed environmental impact of tidal power plant construction in the western sea of Korea, and diagnosed problems of the related assessment. We also proposed key assessment items (scoping) and system improvement for environmental impact assessment (EIA). The establishment of a broad consensus of the appropriateness and a clear purpose for business is an important aspect of the aptness of using the waters, and the aggressive collecting of opinions of the stakeholder and institutions will have to be fulfilled. In addition, we presented the following scoping plan in order to minimize the negative effects of the marine ecosystem and the conflict between the people who work in the fishing industry which result due to the construction of the tidal power plants. (1) the change in seawater exchange rates and the aspect of erosion/sedimentation which result from the change in the velocity of running fluid, (2) the destruction of spawns/habitats of fish due to the damage of tidal flats, (3) fishery resources, impacts of fishing grounds, and the spread of suspended sediments, etc. will have to be applied to the key assessment items(scoping). In addition, every citizen will have work hard for an establishment of an active plan which achieves the harmony and balance of environmental preservation and for the policy to be applied through changing their consciousness of environmental preservation.

• Journal of Korea Fair Competition Federation
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• no.26
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• pp.34-45
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• 1997

세계 경제질서의 급속한 변화에 따라 최근에 많은 선진국들이 경쟁법을 개정하거나 앞으로 개정할 움직임을 활발히 전개하고 있다. 특히 이중에서 글로벌 경제의 급속한 진전에 따라 여기에 대응하기 위한 경쟁법의 개정 움직임도 활발하게 이루어지고 있음을 음미해보아야 할 것이다. 미국은 반트러스트법의 개정을 검토하기 위하여 공청회를 개최하고 ''95년 5월 ''새로운 하이테크 글로벌 시장에서의 경쟁정책''이라는 보고서를 발표하였으며, 이에 따라 합병심사에서 효율성을 앞세워 미국 국내기업의 해외 진출을 지원하고 합병을 용이하게 하도록 ''92년에 제정된 합병 가이드라인을 개정하였다. EU의 구주위원회도 기업결합의 글로벌화가 촉진되도록 ''96년 7월 합병규제규칙을 개정하여 업계가 손쉽게 합병을 할 수 있도록 절차에 있어 일원적 처리의 범위를 확대하였으며, 기업의 규제대상이 되는 연간 매상고기준을 인하하고 합병심사의 대상기업이라도 경쟁상 중대한 문제가 발생하지 않는 것으로 판단되면 공동체 시장에서 적합성을 선언할 수 있도록 하고, 경쟁제한법 협정의 적용제외 규정에서 수직적 제한에 대한 경쟁법 적용여부의 결정은 당사자의 시장점유율을 고려해서 적용여부를 결정하는 등 폭넓은 선택이 가능하도록 개정하였다. 이에 따라 EU국가인 독일, 영국, 프랑스 등의 EU회원국들은 EU합병규제규칙 및 EU경쟁법과의 조화가 이루어지도록 자국의 법체계를 정비하고 있다. 이에 따라 독일은 지난 ''97년 7월 31일에 경쟁제한금지법 제정 이후 40년만에 근본적인 개정의 필요에 따라 EU경쟁법과의 조화, 카르텔에서 적용제외 규정을 글로벌 경제구조에 맞도록 과감히 삭제$\cdot$축소하고, 합병규제대상의 매상고기준을 상향(5억$\right$10억마르크)하고 법체계를 명확하고 알기 쉽게 정리하는 개정(안)을 발표한 바 있다. 그리고 영국 무역산업성 장관은 지난 ''97년 8월 7일 영국의 경쟁법개정(안)을 금년 가을까지 성립을 목표로 발표하였는데, 그 주요 내용은 반경쟁적 협정 및 시장지배력 남용에 대한 강력한 억제력과 중대한 남용행위에 제재금을 부과함으로써 경쟁을 통한 소비자의 이익과 선택을 확보하고 산업계의 불필요한 부담을 경감토록 하여 글로벌시장 경쟁에서 혁신과 투자를 자극하도록 유도하였고, 프랑스는 생산업자와 유통업자에 의한 부당염매금지 제도를 도입하고 경쟁제한행위금지 위반시의 벌칙을 강화했다. 일본은 치열한 국제경쟁에 대응하고 경제구조의 개혁과 사업자활동을 보다 촉진하기 위하여 지난 1997년 6월 11일 일본독점금지법을 개정하여 독점금지법에 위배되지 않는 범위에서 지주회사 설립 금지를 해체하고 대규모회사 주식보유총액제한 규제대상을 완화하는 한편 국제계약신고제도를 폐지하였다. 캐나다는 합병신청서 제출기간을 연장하고 통신판매를 직접규제대상으로 경쟁법 개정을 준비하였고, 호주는 거래관행법을 개정하여 연방정부와 주$\cdot$준주 정부간의 경쟁정책의 법적용을 통일하고 거래관행법 적용을 모든 사업에 확대하며, 재판매가격유지행위의 금지대상에 용역(전기통신서비스)도 포함시키고 시장참입을 촉진하는 제도를 신설하였다. 뉴질랜드는 합병이 국내시장에 영향을 주는 경우에는 외국에서의 합병에도 경쟁법을 확대적용하도록 하였다. 위와 같이 세계의 많은 국가에서 경쟁정책에 대한 새로운 동향과 공정거래법에 대한 개정작업이 활발히 이루어지고 있는데, 본고는 미국, EU, 독일, 영국, 프랑스, 일본, 캐나다 및 호주와 뉴질랜드 등 주요선진국에서의 공정거래법 개정 동향에 대한 주요 내용을 소개한 것이다.