• The Journal of Asian Finance, Economics and Business
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• 제7권10호
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• pp.761-768
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• 2020

This paper explores the barriers to derivative accounting disclosures in Vietnamese companies and ranks their relative importance for effective and efficient remedies. The Delphi technique was applied to get agreement of panel of experts on the measurement of factors hindering disclosure. Unstructured questionnaires were first sent to twelve experts who had both practical experience and academic knowledge in the field to get ideas on the obstructions to derivatives disclosure. The structured questionnaire was designed to get their agreement on barriers to derivative accounting disclosures. The data analysis with mean, median, mode, standard deviation, and quartile has been implemented to ensure the unanimity. Market-related factors, legislation, accountants' attributes, managers' attributes, information technology and communication, and on-site training were the six major obstacles agreed upon by the experts during their in-depth interviews. Then, these factors were ranked by applying the analytical hierarchy process (AHP). The findings confirmed the priority of information technology and communication, which held the greatest weight. Legislation ranked second, followed by market-related factors and on-site training, which explained the impediments to derivatives disclosure. Managers' and accountants' attributes had the least contribution to the barriers to derivative disclosures. The results have important implications for actions to enhance corporate derivative disclosures in Vietnam.

• 한국중재학회지:중재연구
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• 제31권4호
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• pp.3-27
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• 2021

Recent Discussions on Third-Party Funding (TPF) in the forums of UNCITRAL, ICSID, and ICC are making different levels of progress towards finalizing the rules. However, they also have similarities in dealing with legal issues related to TPF, such as definitions, disclosure, allocation of costs, and security for costs. International treaty tribunals have dealt with TPF issues, too. When it comes to the standing of funded claimants, the tribunal in Ambiente v. Argentina did not accept the argument that claimants were controlled by the TPF provider. Concerning the scope of the disclosure, the tribunal in Tennant v. Canada ordered the disclosure of the TPF arrangement. As for the allocation of costs, the tribunal in Kardassopoulos v. Georgia noted that there is no reason why a TPF agreement should be treated differently than an insurance contract. Regarding the security for costs, the tribunal in South American Silver v. Bolivia considered the mere existence of a third-party funder as not an exclusive factor to determine costs in the earlier stage of the proceedings. Lastly, relating to TPF as a ground for annulment, the tribunal in Teinver v. Argentina declined the respondent's argument that the TPF agreement was the vehicle of fraud.

• 한국프랜차이즈경영연구
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• 제5권1호
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• pp.143-160
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• 2014

본 연구는 창업희망자들이 프랜차이즈 계약 체결 시 우수한 프랜차이즈 본부를 선별하여 판단할 수 있는 자료로 활용하도록 주안점을 두었다. 프랜차이즈 계약과 관련하여 창업자들이 가장 먼저 우려하는 부분은 '과연 내가 선택하는 브랜드가 안전하고, 믿을 만한 것인가' 하는 것이다. 이에 프랜차이즈 본부의 전반적인 현황을 제시하고 있는 정보공개서 분석과 300개 프랜차이즈 가맹점주를 표본으로 조사하였다. 선행연구를 통해 프랜차이즈계약의 결정요인이 도출되었으며, SPSS 18.0을 이용하여 프랜차이즈 계약결정요인이 성별, 업태별, 점포규모별, 소득 간에 차이가 있는지가 분석되었다. 분석 결과, 프랜차이즈 계약 시 가장 중요하게 보는 항목은 영업관리 항목이며, 성별, 점포규모, 소득은 프랜차이즈 계약결정요인에서 유의한 차이가 없었지만, 업태에 따라서는 비용과 교육관리 항목에서 차이가 있는 것으로 나타났다. 본 연구의 결과는 프랜차이즈 본부가 제공하는 정보제공의 수준을 창업자가 판단하여, 프랜차이즈 계약 시 귀중한 자료로 활용하여 성공창업에 도움이 될 것으로 기대된다. 또한, 프랜차이즈 사업자간의 협력적 관계를 더욱 확고히 하고, 이를 통해 중장기적인 비전 제시을 위한 지침이 될 수 있을 것이다. 마지막으로, 본 연구의 결과는 유망하고 우수한 프랜차이즈 본부의 육성과 가맹 사업거래의 공정화에 관한 법률, 가맹사업 진흥에 관한 법률의 제도적 미비점을 보완, 프랜차이즈 분야를 더욱 증진시킬 수 있는 밑거름이 될 것으로 보인다.

• 무역학회지
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• 제44권3호
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.

• 한국프랜차이즈경영연구
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• 제3권2호
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• pp.20-38
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• 2012

본 연구의 목적은 예비가맹사업자가 창업을 준비할 때 프랜차이즈가 성공할 수 있는 가맹본부를 선별할 수 있는 기준을 살펴보고, 프랜차이즈 사업의 위험요소 감소와 성공적인 방향을 제시하는데 의의가 있다. 특히 공정거래위원회에서 제시하고 있는 정보공개서 분석을 중심으로 도출된 2922 표본 중 2개년도, 가맹점 10개 이상 등의 조건과 결측치를 제외한 511개의 표본을 대상으로 분석하였다(2012년 8월 20일 기준). 선행연구를 통한 프랜차이즈 특성을 도출하였고, SPSS 18.1을 통해 빈도분석과 회귀분석을 실시하여 특성분석과 가맹점 사업성과 간의 영향을 살펴보았다. 연구결과, 첫째, 프랜차이즈 본부 특성은 전반적으로 소상공인이나 중소기업 규모(총점포 수, 재무재표 등)로 운영되고 있으며, 대부분 업종이 기타 외식에 집중되어 있었다. 특히 프랜차이즈의 영업지역의 보호라는 관점에서 비보호를 대부분 채택하고 있다. 둘째, 프랜차이즈 특성과 성과간의 관계에서 연평균매출액과 당기순이익에서는 영향을 미치는 것으로 나타났으나 성장률에 해당되는 가맹점증가율 지표에는 영향을 미치지 못하는 것으로 도출되었다. 마지막으로 프랜차이즈 특성들과 성과간의 차이분석에서는 업종구분을 제외한 대부분의 특성들이 연평균매출액과 연평균당기순이익에 차이가 있는 것으로 나타났으며, 가맹점증가율에는 차이가 없는 것으로 나타났다. 연구결과를 통해 지속가능한 성장이 될 수 있는 방안이 마련해야 하며, 프랜차이즈의 권익보호를 위한 발판을 마련할 필요가 있다. 본 연구는 공시된 데이터를 바탕으로 관계에 관한 연구를 해보았다는 점에서 의의가 있다.

• 디지털산업정보학회논문지
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• 제13권1호
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• pp.87-101
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• 2017

As people increasingly rely on mobile networks in modern society, mobile communication security is becoming more and more important. In the Long Term Evolution/System Architecture Evolution (LTE/SAE) architecture, the 3rd Generation Partnership (3GPP) team has also developed the improved Evolved Packet System Authentication and Key Agreement (EPS AKA) protocol based on the 3rd Generation Authentication and Key Agreement (3G AKA) protocol in order to provide mutual authentication and secure communication between the user and the network. Unfortunately, the EPS AKA also has several vulnerabilities such as sending the International Mobile Subscriber Identity (IMSI) in plain text (which leads to disclosure of user identity and further causes location and tracing of the user, Mobility Management Entity (MME) attack), man-in-middle attack, etc. Hence, in this paper, we analyze the EPS AKA protocol and point out its deficiencies and then propose an Efficient and Security Enhanced Authentication and Key agreement (ESE-EPS AKA) protocol based on hybrid of Dynamic Pseudonym Mechanism (DPM) and Public Key Infrastructure (PKI) retaining the original framework and the infrastructure of the LTE network. Then, our evaluation proves that the proposed new ESE-EPS AKA protocol is relatively more efficient, secure and satisfies some of the security requirements such as confidentiality, integrity and authentication.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 무역상무연구
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• 제72권
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• pp.57-80
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• 2016

Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

• 한국중재학회지:중재연구
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• 제23권2호
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• pp.55-79
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• 2013

As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

• 한국환경보건학회지
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• 제45권4호
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• pp.321-325
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• 2019

The recent humidifier disinfectant disaster has caused a great change in our society and lead the Korean people to lose faith in the government and corporations. To overcome this mistrust, the government and corporations have undertaken certain efforts, including a voluntary agreement on consumer product safety. All the ingredients of a consumer product should be disclosed according to this voluntary agreement. There were also unexpected benefits occuring from this process. We found that the concept of corporate responsibility for product safety differed greatly among the various actors in Korean society. Corporations believed that a product could be considered safe if it contained no regulated substances. We have come to believe that this may be an important cause of the humidifier disinfectant disaster. The Korean government, corporations, and civil organizations have reached a consensus that it is a corporation's responsibility to evaluate the risks of products before they are introduced to the market. However, the limitations of these voluntary efforts are clear, and the legal system needs to be improved. We suggest that the concept of extreme recklessness should be introduced into regulations on product safety.