• Title/Summary/Keyword: Foreign Settlement

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A Study on the Applicability of MFN Clause for Investment Dispute Settlement Provisions: Focusing on the ICSID Arbitration Cases (투자분쟁해결규정에 MFN 조항의 적용여부에 관한 연구: ICSID 중재사례를 중심으로)

  • Hwang, Ji-Hyeon
    • Korea Trade Review
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    • v.42 no.4
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    • pp.139-157
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    • 2017
  • Whether an investor can invoke a dispute settlement procedure stipulated in other BIT based on the MFN clause in the original BIT is an important issue. There is a difference in the interpretation of MFN clause in which the scope of the treatment stipulates the slightly different contents for each investment treaty. Therefore, this study considered ICSID arbitration cases related to the applicability of MFN clause for investment dispute settlement provisions. There are two different approaches for the applicability of MFN clause by arbitral tribunals. At first, the expanded interpretation of the MFN clause can be applied to procedural regulations, in that the purpose of the investment treaty is to protect foreign investors and to ensure their status. So, foreign investors can invoke a BIT of a third country that is advantageous to them. Second, the limited interpretation of the MFN clause can not be applied to procedural regulations. Without explicit regulation, the term treatment can not be considered to include dispute resolution provisions. And the BIT that the host state has concluded with third country is a treaty that applies only to the contracting party, so it can not be used by foreign investors of other nationality. Therefore, this study suggests concretely stipulating the scope of MFN clause under the investment treaty, highlighting that certain restrictions should be applied to the MFN clause. Furthermore, it is required continually investigating and analyzing the database of the scope of MFN clause.

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Improvement of the Legal System and Constraints on the Investment Between Korea, China and Japan (한중일 FTA와 투자를 둘러싼 법적체계와 제약요소의 개선)

  • Noh, Jae-Chul;Ko, Zoon-Ki
    • The Journal of the Korea Contents Association
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    • v.13 no.12
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    • pp.702-714
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    • 2013
  • South Korea, China and Japan is struggling for a new economic growth and facing new challenges and difficulties in foreign investment. In this paper, I Studied on the Legal System and Limits or Rules on the Investment Between Korea, China and Japan. First, FTA between Korea, Chin. The trade and economic relations and the investment flows between the three countries were examined. Based on the background of the three countries, it has been studied on the Legal System and Rules in the foreign investment Between Korea, China and Japan. Based on this, and the following were examined. What are the major limits in the foreign investment Between Korea, China and Japan? In the future, what should be included on the FTA investment chapter in FTA between Korea, China and Japan in order to facilitate more investment? FTA between Korea, China and Japan would be an effective means to strengthen the protection of investors and investment facilitation, and investment flows between the three countries will be activated. In the future, FTA between Korea, China and Japan is expected to further promote investment among the three countries. In this regard, in the future, the FTA investment chapter in FTA between Korea, China and Japan should include NT(National Treatment), MFN(Most-Favoured-Nation (Treatment)), Prohibition of the implementation of specific measures, the nationality requirements of management or the board of directors, movement of funds, safeguard measures, expropriation and compensation, compensation for loss, fair and equitable treatment, the settlement of disputes between foreign investors and investment promotion country(Investor-State Dispute Settlement), and other agreement between the three countries.

Settlement Behavior Characteristics of CFRD in Construction Period - Case of Daegok Dam - (콘크리트 표면 차수벽형 석괴댐의 축조 중 침하거동 특성 - 대곡댐을 중심으로 -)

  • Park Han-Gyu;Kim Yong-Seong;Seo Min-Woo;Lim Heui-Dae
    • Journal of the Korean Geotechnical Society
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    • v.21 no.7
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    • pp.91-105
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    • 2005
  • In this study, the deformation behavior of Daegok dam during the construction was analyzed based on the measurement data and a comparative analysis with foreign CFRD measurements was performed. From measuring settlements of Daegok dam with depth, overall behavior was evaluated to be consistent with measured data of other CFRD dams. In addition, construction modulus, void ratio and shape factor were also evaluated to be major factors in predicting the settlement behavior during construction of CFRD-typed dam from measured data of 38 CFRD-typed dams, and the maximum internal settlement is proportional to the void ratio. From the relationship between the maximum internal settlement and the height of a dam, 26 dams were assessed to have its relative modulus ranging between 0.001 and 0.01. In case of general CFRD, the average modulus of maximum internal settlement to the height of a dam is estimated to be 0.005. In case of a low void ratio, the construction modulus was high with its shape factor below 4. On the other hand, in case of a high void ratio, the relative settlement rate was high with its shape factor more than 4.

A Study on the Minimum Protection of Investor in International Contract (국제계약에서 투자가보호를 위한 최소보호요건에 관한 연구)

  • Kim, Jae Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.313-328
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    • 2013
  • Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

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A Study on the International Arbitration in Vietnam - focused on VIAC cases (베트남 상사중재제도에 관한 연구 - VIAC 사례를 중심으로)

  • Tran To Diem Hang;Sung-Ho Park
    • Korea Trade Review
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    • v.45 no.3
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    • pp.147-166
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    • 2020
  • As the volume of trade between Korea and Vietnam increases, the number and amount of commercial disputes between Korean and Vietnamese companies are increasing. In the case of Vietnam, due to differences in the arbitration system and norms due to the socialist state system, foreign companies lack confidence in the settlement of disputes through commercial arbitration in Vietnam. At this point, it is necessary to not only discuss commercial disputes and settlements, but also to closely review and understand Vietnam's commercial dispute settlement system. Therefore, this study examines the current status and characteristics of Vietnam's commercial disputes and analyzes the actual problems of Vietnam Commercial Arbitration System that arise through the arbitral award of the Vietnam International Arbitration Center (VIAC), Vietnam's representative arbitration agency, and precedents on the recognition and enforcement of foreign arbitration awards in Vietnamese courts. In the end, this study seeks to revitalize the Vietnam Commercial Arbitration so that each disputed party may quickly deal with the commercial disputes, and seeks a more smooth solution through commercial arbitration in future trade claims between Korean and Vietnamese companies.

Establishing Employee Support Program for Foreign Laborers at Company Level by Improving Working Life Condition (외국인 근로자의 취업생활 만족도 제고를 통한 기업 내 정착지원방안)

  • Jeong, Jae-Hoon;Oh, Ju-Yeon
    • Journal of the Korea Safety Management & Science
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    • v.14 no.2
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    • pp.265-276
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    • 2012
  • The purpose of this study is to draw employee support program at the company level through field survey of foreign laborers' satisfaction level of working life. To analyze the factors that determine working life satisfaction, regression analysis was conducted. Satisfaction level of working hours(t=2.469), living environment(t=2.140), post offices/banks (t=3.024) showed a statistically significant. Also these variables, working hours, living environment, post office/banks are verified to be very important for improving the level of their working life. Through these findings we can understand that employee support activities, providing user-guide of bank and post office, compliance with standards for working hours, improvement of the living conditions (accommodation, meals, etc.), the leisure time program support, the children care support and active utilization of foreign workers and strengthen the educational program, are necessary to improve the satisfaction level of foreign laborers' working life in Korea. It is recommended that managers need to recognize that careful consideration of living and working condition could contribute to stable settlement and increase working life satisfaction for the foreign workers at company level.

Birth Outcomes among Native-born and Foreign-born Women in Korea: Focusing on Preterm Birth and Low Birth Weight (외국인 여성과 한국인 여성의 출산결과 비교: 조산아 및 저체중아를 중심으로)

  • Ryu, Jungkyun;Choi, Yool
    • Journal of health informatics and statistics
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    • v.43 no.4
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    • pp.255-266
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    • 2018
  • Objectives: This study compared the risk of preterm birth and low birth weight between native-born and foreign-born women. Methods: By Using the birth registration data, every woman who gave birth between 2010 and 2016 in Korea was included in the analysis. Duration from marriage to pregnancy was measured by month and multiple socioeconomic and demographic characteristics were controlled. Preterm birth (<37 weeks) and low birth weight (<2.5 kg) were used for outcome variables. Descriptive statistics and logistic regression were used for data analysis with Stata. Results: The risks of preterm birth and low birth weight for native-born and foreign-born women differed according to the duration of marriage or birth order. For the first infant, foreign-born women were more likely to have pereterm birth or low birth weight than the native-born in the early stage of marriage but nativeborn women had higher risks than the foreign-born in the middle and later stage of marriage. For the second infant, foreign-born women were less likely to have pereterm birth or low birth weight than the native-born regardless of the duration of marriage. Conclusions: The results of this study demonstrates that the risk of preterm birth and low birth weight for foreign-born women is concentrated on the early stage of marriage. Institutional and cultural supports should be given to foreign-born women to help their early settlement in the Korean society.

The Impact of Foreign Ownership on the Dividend and Investment Behaviors of Korean Firms (한국기업의 배당과 투자에 대한 외국인 투자자의 영향력 연구)

  • Kang, Shin Ae;Min, Sang Kee
    • International Area Studies Review
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    • v.14 no.2
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    • pp.79-105
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    • 2010
  • This paper investigates empirically the impact of foreign investors on a firm's dividend and investment decision making in Korean stock market. Empirical results using the sample firms in non-financial firms listed in Korean stock market whose settlement month are December, we find that foreign investors who declared participation in management didn't exert significant impact on dividend increase. In the case of investment, foreign investors exerts significant impact on R&D investments. Using Hausman-Taylor Instrumental Variable method, we controlled endogeneity problem related with foreign ownership and dividend and investment policy. The contribution of this paper is that the purpose of foreign investors whether or not participate in management is the most critical point and the impacts of foreign investors on dividends and investment are different whether they participate in management or not.

A Synchronic Note on Early American English

  • Suh, Jae-Suk
    • English Language & Literature Teaching
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    • v.17 no.2
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    • pp.79-91
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    • 2011
  • The purpose of this paper was to take an in-depth look at early American English around the $17^{th}$ and $18^{th}$ century when immigrants from different European countries started to move into the New World. The paper attempted to describe early American English in relation to the process of immigration and settlement from a historical perspective. With a focus on major features of early American English such as uniformity, archaism and richness of lexicon, the paper tried to answer the questions such as how settlement influenced the formation and distribution of regional dialects across the continent, why immigrants tended to show a preference for a uniform way of speaking rather than choosing a variety of regional dialects for communication, and what role foreign languages played in the development of early American English. The overall findings based on the answers to these questions showed how American English went through a variety of processes and changes at the early stages of its development to become a national language later. The paper concluded with some remarks about the implications of the findings for EFL learning and the direction of future research on early American English.

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Compaction Management of Fill Materials for Concrete Faced Rockfill Dam Using Standard Void Ratio (표준간극비를 이용한 콘크리트 표면차수벽형 석괴댐 축조재료의 다짐 관리)

  • Kim Yong-Seong
    • Journal of The Korean Society of Agricultural Engineers
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    • v.48 no.4
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    • pp.59-66
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    • 2006
  • In this study, construction modulus, void ratio and settlement characteristics of 38 CFRD in domestic and foreign countries were investigated from monitoring data. The effect of field dry density and void ratio to dam body was analyzed. The standard void ratio of CFRD that can be easily used by dam designers and field engineers was proposed from the monitoring data. It was confirmed that we can get the degree of compaction needed for reasonable compaction of dam body by calculating the field dry density from inverse operation of the standard void ratio. It was thought that the void ratio of CFRD depends on shape coefficient and in case of a high shape coefficient, the void ratio was high with its void ratio 0.17 -0.38.