• 한국벤처창업학회:학술대회논문집
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• 2023.04a
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• pp.39-44
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• 2023

우리나라에서는 벤처생태계의 구성이 태생적으로 정부 주도로 법제화된 정부자금의 지원이 기초가 되어 이루어지면서 공적 자금의 정책적 목적에 따라 운영되어왔다. 따라서 벤처투자기구에 대해서 이해상충 가능성 배제, 고도의 윤리성, 공정성 및 투명성 등을 요구하는 등 강한 규제가 반영되게 되었다. 이러한 공적규제가 일면 타당성이 있을 수 있으나, 공적규제 위주의 관리감독 체계는 규제의 영향을 크게 받는 한국 벤처투자 시장의 성격상 민간자금의 유입을 제한할 수 있다. 민간 중심의 벤처투자 시장으로 전환하기 위해서는 공적규제를 강화하기보다는 자율규제 영역을 확대하여 업계의 전문성과 효율성에 친화적인 규제 환경을 조성할 필요가 있다. 따라서 본 연구에서는 벤처투자 시장의 자율규제 가능 영역을 살펴보고, 벤처투자기구의 운용사 관점에서의 자율규제 방안을 제시하였다. 구체적 방안 중 하나로는 출자자 사이의 자치적 규범이라고 할 수 있는 규약의 표준이 참여자의 전문적인 식견을 최대한 반영하여 마련된 것이므로, 펀드 결성 이후 출자자 사이의 규약을 둘러싼 분쟁이 발생하는 경우 이를 자율적으로 해결할 수 있는 1차적인 분쟁 조정 절차를 마련해 볼 수 있다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.460-464
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• 2003

A reconstrucion project is very complex and requires technical knowledges and experiences, however due to not having any related knowledge consortium usually does not have any related knowledge. So in this study, we have suggested a systematic procedure to execute a reconstruction project focused on the profitability analysis. a model is developed to identify and calculate all relevant cost and revenue to the project using the IDEF0 methodology.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.267-272
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• 2001

The purpose of this study is to suggest the process and calculating method of feasibility study for the reconstruction apartment projects, and the results of this study is fundamental knowledge for the exact and exquisite plan. The process of this study are as following : 1. Research for the process and peculiar character of reconstruction project. 2. Investigate input and output item and suggest the calculating methods that are generally accepted. 3. Suggest the general process on feasibility study for reconstruction apartment project.

• Spatial Information Research
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• v.20 no.2
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• pp.45-57
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• 2012

Recently, local governments in Korea are promoting the rapid development of marine for delineating jurisdictional sea area. The importance of a maritime boundary has being emphasized, as jurisdictional sea area disputes among local governments have been increasing. The absence of the delineating standard of maritime boundary has become a source of contention between neighborhood local governments. So the delineating standard of maritime boundary in Korea will be required. The purpose of this study is to derive an improvement plan for the scientific delimitation standard of maritime boundary by analyzing "A hydrographic survey guideline for confirmation of maritime boundary". The results of this study are as follows. Firstly, we defined the concept of the delimitation standard of maritime boundary. Secondly, we set the boundary, factors and processes of the delineating standard of maritime boundary through classifying them in detail. Lastly, we suggested the makeup of a conflict adjustment committee for preventing jurisdictional sea area disputes among local governments.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.27-44
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• 2016

The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

• Korea Trade Review
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• v.43 no.1
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• pp.153-176
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• 2018

Since entering into force on June 1st, 2007, the Korea·ASEAN FTA has had great strategic importance as it represents a massive export market for Korea. For more than 10 years since its implementation, the trade in both goods and services have greatly increased, and ASEAN has become the second largest export market for Korea. However, Korea's FTA utilization rate for exports is approximately 46%, which is far lower than the average rate of 72% for all FTAs, despite several revisions. In this study, we investigate the problems causing this low rate of FTA utilization for export by analyzing import clearance disputes faced by the counterpart. Our recommended countermeasures for such disputes are : Since form requirements for C/O (certificate of origin) are important considerations for ASEAN countries, C/O needs to be written accurately. Understanding of the administrative system and regulative procedures of ASEAN countries is also necessary. Accurate HS code of importing countries must be obtained. Korean government authorities should make diplomatic effort to ease the import clearance procedures in counterpart countries and contact customs offices to facilitate communication.

• Journal of Wetlands Research
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• v.3 no.1
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• pp.39-48
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• 2001

연안습지의 손실은 국내 연안을 둘러싼 이해상충의 주요 요인이다. 본 연구에서는 이해상충과 관련된 국내 연안관리 및 습지손실과 관련된 상황, 이해상충의 배경 및 특성, 한국의 대규모 습지 훼손사례로 볼 수 있는 시화호, 순천만, 금강하구, 강원도 석호지역에 대한 이해상충의 실태와 조정사례를 근거로 이해상충해결을 위한 조정방법과 절차를 정리하였다.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.43-62
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• 2016

The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.

• Journal of Environmental Policy
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• v.13 no.4
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• pp.161-190
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• 2014

The Nagoya Protocol will enter into force on 12 October, 2014 during the period of UNCBD COP12 which will be held in Pyeongchang, Korea. In this circumstance, it is essential to analyze other countries' legislations and find various related issues. Based on that analysis, Korea can set its course for related policies and also improve its own legislations. EU and China were selected as comparison countries since EU is one of the leading countries trying to establish an international environmental law system and China is regarded as a model country representing LMMC (Like-Minded Mega-diverse Countries) in the world. Based on this study, it is highly recommended for Korea to assert the need for dispute resolution between private and government parties and also trilateral co-management of trans-boundary genetic resources and related traditional knowledge among Korea, China and Japan. In addition, Korea also needs to improve its legislation towards integrating the management and control of genetic resources.