• KDI Journal of Economic Policy
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• 제42권1호
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• pp.57-95
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• 2020

As a case study of an ex-post evaluation of regulations, in this paper I evaluate the 'uniform settlement rate requirement', a regulation that was introduced in 1986 and that was applied to the international telephone market in the U.S. for more than 20 years. In a bilateral market between the U.S. and a foreign country, each U.S. firm and its foreign partner jointly provide international telephone service in both directions, compensating each other for terminating incoming calls to their respective countries. The per-minute compensation amount for providing the termination service, referred to as the settlement rate, is determined by a bargaining process involving the two firms. In principle, each U.S. firm could have a different settlement rate for the same foreign country. In 1986, however, the Federal Communications Commission introduced the Uniform Settlement Rate Requirement (USRR), which required all U.S. firms to pay the same settlement rate to a given foreign country. The USRR significantly affected the relative bargaining positions of the U.S. and foreign firms, thereby changing negotiated settlement rates. This paper identifies two main routes through which the settlement rates are changed by the implementation of the USRR: the Competition-Induced-Incentive Effect and the Most-Favored-Nation Effect. I then empirically evaluate the USRR by estimating a bargaining model and conducting counterfactual experiments aimed at measuring the size of the two effects of the USRR. The experiments show remarkably large impacts due to the USRR. Requiring a uniform settlement rate, for instance, results in an average 32.2 percent increase in the negotiated settlement rates and an overall 13.7 percent ($3.43 billion) decrease in the total surplus in the U.S. These results provide very strong evidence against the implementation of the USRR in the 1990s and early 2000s.

• 건축역사연구
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• 제4권1호
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• pp.113-140
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• 1995

This thesis is a historical research about the Foreign Settlement at Mokpo as the fourth among the Open Ports which express the historical characters of Korean Modern, as a city which did not exist before the Korean Modern. So I analyzed positively the process of establishment and the process of urban form during the period which contained the characters of Concession, from 1897 to 1910. Even though the urban basic form of the Foreign Settlement at Mokpo was planned by Korean Goverment, it's townscape was changed to Japanese style by Japanese since Mokpo port was opened. Because it had settled by Japanese residents which had majority. But I found that the urban form was not composed by the Modern urban planning theory or method, but by the existing conditions such as topography and roads. The center in the settlement had shifted from the front region of Japan Consulate to the East region which was in the vicinty of Korean village. And also former internal oriented urban form had changed to the relevant composition with Korean village. All the changes in the Foreign Settlement at Mokpo was made by the Japanese which had majority, and it is a good example which expresses Korean Modern history.

• 무역상무연구
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• 제68권
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• pp.89-121
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• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.157-181
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• 2011

The term of defense procurement is used indifferently from defence acquisition. It consists of two sectors : domestic defense procurement and foreign defense procurement. For efficient and transparent defense procurement, Defence Acquisition Program Law in Korea suggests some principles including the purchase of domestically manufactured munitions in the first instance, and the Defense Acquisition Program Administration(DAPA)'s direct procurement of munitions, etc. By reviewing the characteristics, process, current situation and model contracts of defense procurement, it is found that domestic procurement contracts only propose the legal approach instead of arbitration and foreign procurement contracts suggest confusedly both the legal approach and arbitration for amicable disputes settlement. Therefore, it is quite recommended for arbitration organizations such as the Korean Commercial Arbitration Board(KCAB), the Korean Arbitrators Association(KAA), and the Korean Association of Arbitration Studies(KAAS) to foster a variety of strong awareness campaign, education and consulting programs, etc. for the popular use of arbitration clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby reducing the costs, time and pains for solving them.

• 대한건축학회논문집:계획계
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• 제34권3호
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• pp.35-44
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• 2018

The purpose of this study is to elucidate the formation process and spatial characteristics of the first and largest open port of Foreign Settlement in Yokohama, Japan. Based on the reference records and maps, we traced the process of modernization, example of opening the park and introduction of technology, industrial & infra-structural facilities. And found out the characteristics of formation process of port city Yokohama as the modernized city. The results of this study are as follows: First, the spatial characteristics and significance of the public space of the port open space; second, the difference of the road and parcel systems between the Japanese and the foreign settlements; and third, the meaning of the port open space as the space of separation in that times. These experiences about the open port in Yokohama could be worked as the basic for domestic and colonial city planning.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.123-156
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• 2004

Settlement of investment disputes is quite different from that of commercial disputes arising from ordinary commercial transactions in view of disputing parties, applicable laws and rules, etc.. Therefore, it is very important to consider the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(Washington Convention) of 1965. The creation of the International Centre for Settlement of Investment Disputes(ICSID), which was established under the Washington Convention, was the belief that an institution specially designed to facilitate the settlement of investment disputes between governments and foreign investors could help to promote increased flows of international investment. Pursuant to the Washington Convention, ICSID provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. Recourse to ICSID conciliation and arbitration is entirely voluntary. However, once the parties have consented to arbitration under the Washington Convention, neither can unilaterally withdraw its consent. Moreover, all Contracting States of the Washington Convention are required by the Convention to recognize and enforce ICSID arbitral awards. Provisions on ICSID arbitration are commonly found in investment contracts between governments of member countries and investors from other member countries. Advance consents by governments to submit investment disputes to ICSID arbitration can also be found in many bilateral investment treaties including the Korea-China Agreement on the Encouragement and Reciprocal Protection of Investments(1992), the Korea-Japan Agreement for the Liberalization, Promotion and Protection of Investment(2003) and the Korea-Chile FTA, the latter was signed as of February 15, 2003 and is still pending in the National Assembly for its ratification. Arbitration under the auspices of ICSID is similarly one of the main mechanism for the settlement of investment disputes under the bilateral treaties on investment. Therefore, it is a problem of vital importance that Korean parties interested in investment to foreign countries should understand and cope with the settlement mechanism of investment disputes under the Washington Convention and bilateral investment treaties.

• 한국중재학회지:중재연구
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• 제20권2호
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• pp.27-47
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• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

• 농촌지도와개발
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• 제16권4호
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• pp.743-773
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• 2009

The objectives of this study were to study multicultural society of rural areas in Korea. USA immigration law permits permanent settlement but Korea immigration law prohibits permanent settlement. USA adopted the territorial principle but Korea adopted the personal(nationality) principle. So a large number of people immigrated and settled in USA and mass(collective) immigrants is usual in USA. But foreign workers(temporary immigration) and international marriage women(individual immigrants) is usual in Korea. According to the positive law, foreign workers cannot settle down in Korea. So international marriage women immigrants are main cause of multicultural society in rural areas in Korea. This is the particularity of multicultural society in rural areas in Korea. So it is necessary to differentiate multicultural society policy according to areas and residents. Many peoples see multicultural society from a point of view of human rights and welfare. But it is also necessary to see multicultural society from a point of view of economic and policy.

• Child Studies in Asia-Pacific Contexts
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• 제4권1호
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• pp.65-76
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• 2014

This study aims to explore the characteristics of translated picture books in South Korea and their cultural meanings over a five-decade period. This time can broadly be divided into three periods, being the Settlement Period (pre-1990), the Flourishing Years (1991-2000) and Globalization (post-2001). During the Settlement Period, picture books in South Korea were derived mainly from Japan and America and tended to be informational in nature or based on folk tales. These were translated into Korean to meet the public's curiosity for foreign cultures or for scientific information. The Flourishing Years were characterised by the availability of picture books on a wide variety on themes and forms from all over the world. In this period, the translation of books into Korean focused on a literal rendition of the meanings and sounds of names from the original text. There was also a proliferation of audiotapes, videos and TV programs based on famous picture books. In the current period of Globalization, Korean publishers, who have built confidence through studying foreign picture books over time, have increased efforts to produce their own picture books and export them abroad.

• 성인간호학회지
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• 제22권5호
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• pp.477-487
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• 2010

Purpose: The purpose of this study was to explore health-related experiences of the foreign wives. Methods: A qualitative research design was used to understand the health-related experiences of foreign wives. Ten informants were interviewed from December 2007 to December 2009. Results: The health related life experiences of foreign wives were analyzed within a self development process; Choice and struggle, Change and opportunity, and Settlement and expectation. The theme of choice and struggle includes physical and emotional stress in the initial stage of marriage. The second process of change and opportunity focused on the coping strategies of the women having power after knowledge acquisition from the multicultural family support center. The last theme was health and happiness from the women' perspectives. Conclusion: This study has emphasized the health condition of the foreign wives. Since foreign wives are members of Korean society, health care professionals need to design health services to meet their needs.