• Title/Summary/Keyword: Foreign Settlement

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Some Perspectives on the North-South Arbitration Commission Scheduled on the Two Korea's Agreed Minutes (남북상사중재위원회 구성$\cdot$운영 활성화 방안)

  • Kang Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.377-413
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    • 2004
  • North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

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Settlement of Private Commercial Disputes under the FTA (FTA하에서의 사적 상사분쟁의 해결)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share 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. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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In-Situ Application of Steel Pipe jacking with Grout In Pipe Method (GIP 강관추진공법의 현장 적용성 연구)

  • Lim, Ho-Jeong;Jung, Min-Hyung;Lee, Song
    • Proceedings of the Korean Geotechical Society Conference
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    • 2008.03a
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    • pp.1290-1297
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    • 2008
  • A pipe jacking method complements the excavation method and it is a non-excavation method which is thrust in the earth. On that score, using the pipe jacking method is increased because of constructability and economical efficiency in a medium or small-sized pipeline construction. However, a pipe jacking method still has several problems that the base ground is disturbed and loosen. Especially, where some sites have boulders, gravels and foreign bodies, the foundation is brought about deformation, settlement and leakage of water. Thus, the end of the construction the ground should be reinforced by grouting and it occur with additional expenses. Therefore, a steel pipe jacking method with grouting, Grout In Pipe, is devised newly to complement the existing method. In this study, it describes a new method and verifies efficiency, an application and practicality of the method through a experimental construction.

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A Study on the Introductory Process of Foreigner's Architectural Engineering in the Late Yi-Dynasty (구한말(舊韓末) 외인건축술(外人建築術)의 전래과정(傳來過程) 연구)

  • Kim, Tai-Young
    • Journal of architectural history
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    • v.1 no.1 s.1
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    • pp.117-128
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    • 1992
  • The purpose of this paper is to clarify the introduction of foreigner's architectural engineering such as building materials techniques engineers, focused on the Late Yi-dynasty. Such all kind of building materials as timber brick tile cement lime glass window furniture and so on was imported from the foreign company in opening period of ports in Cho-son. The timer of these materials was imported from Japan, the brick tile from China, and others directly from Western counteries indirectly from Japan China. As it was active in an inflow of building materials and machines about 1890's, the modern building techniques were introduced and elementarily mastered such as timber sewing, manufacturing baking of brick glass, and masonry, The above modern techniques became the direct background in the formation of Korean modern architecture. Building engineers can be divided into three classes : architect engineer apprentice. But It could be apparently not divided the relation between architect and engineer at that time. They could be classified into job-architects who were engaged by the Korean government and leaded an active life in their settlement, and missonaries, They introduced the construction and style of modern architecture in our country, And so many skilled laborers and laborers participated in the construction of their settlement.

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E-Banking Performance in Uganda: A Case Study of Bank of Uganda

  • Nuwagaba, Alfred
    • East Asian Journal of Business Economics (EAJBE)
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    • v.3 no.2
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    • pp.13-20
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    • 2015
  • Online or e-banking has been adopted as key banking innovation in Uganda adopted by all financial institutions in the country. This research explored the state of e-banking and its efficacy in Uganda banking industry. A correlation analysis approach was adopted for this research. In Uganda, the banking sector has been liberalized with telecommunications allowed to effect e-banking and ecommerce transactions. The study concentrated on the periods of years 2011/2012 and 2012/2013. Findings from this research revealed that BOU uses UNISS for real time gross settlement (RTGS). Since its adoption a +1 coefficient correlation was realized. With the use of mobile money, also a +1 coefficient correlation was achieved for the period under consideration. As regards the use of e-cheques, there was a drop reflected by -2.8 percent which could have been attributed to perception of the users, though there was a +1 coefficient correlation when considering e-cheque transactions and the monetary value. The use of EFT in Uganda generated a +1 coefficient correction considering the number of users and the monetary value involved. Bank of Uganda should work hard and make or go live with electronic banking supervision software which would aid them with their supervisory roles.

Economical and Environmental Study on SNG Combined Cycle Integrated with CCS for Large-Scale Reduction of CO2 (Based on NETL Report) (대용량 CO2 감축을 위한 CCS 연계 SNGCC의 경제성 및 환경성에 대한 연구(NETL 보고서를 중심으로))

  • SEO, DONG-KYUN;KWON, WON SOON
    • Transactions of the Korean hydrogen and new energy society
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    • v.26 no.5
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    • pp.499-506
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    • 2015
  • Recently the Korean government announced its decision to select the $3^{rd}$ proposal, which targets reducing $CO_2$ by 37% of the BAU level by 2030, for the Intended Nationally Determined Contribution (INDC). According to this proposal, natural gas (or equivalent gas) combined cycle (NGCC) are suggested as alternatives for conventional pulverized coal (PC). In this study, we analyzed the environmental, economic, and energy mixing aspects of synthetic natural gas combined cycle(SNGCC) using NETL material (2011~2012 version) and other domestic materials (2014 version). We found the following conclusions: 1) Considering carbon capture and storage (CCS) integration, $CO_2$ emission factors of SNGCC and supercritical PC are the same. However, 60% of $CO_2$ from SNGCC is produced as high pressure and high purity (99%) gas, making it highly suitable for CCS, which is now strongly supported by the government. 2) Based on the economic analysis for SNGCC using domestic materials and comparison with NGCC, it was found that the settlement price of SNGCC was 30% lower than that of NGCC.

Efforts to Promote International Dispute Resolution under the regime of Singapore Mediation Convention in Japan: From the Perspective of Amendments to JCAA Arbitration Rules and Arbitration Act of Japan (싱가포르협약 이후 일본의 국제분쟁해결절차 활성화 동향: JCAA 중재규칙과 일본 중재법 개정안을 중심으로)

  • Cho, Soo-Hye
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.55-83
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    • 2022
  • The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

Inter-Industry Convergence Strategies of Geospatial Information Industry for Overseas Expansion (공간정보산업 해외진출을 위한 산업 간 융합 방안 연구)

  • JEONG, Jin-Do;SAKONG, Ho-Sang;LEE, Jae-Yong
    • Journal of the Korean Association of Geographic Information Studies
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    • v.18 no.2
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    • pp.105-119
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    • 2015
  • The overseas expansion is essential to expand domestic geospatial industries in a state of saturation. But current overseas expansion method has be limited to expand global market. Inter-industry convergence strategies may be the most resonable alternative to expand global market through raising the expansion possibility to developing countries with ODA funds and to developed countries with converging global competitive industries. This research investigates various foreign developed and developing countries to draw each demand. As a result, easiness of convergence, confidentiality of information, complementarity of poor infrastructure, responsiveness of various demands and sustainability of system are needed to successful convergence on multiple industries. This research seeks convergence framework to meet this demands, and suggests each component. This convergence framework is consisted of geospatial convergence common framework, inter-industry convergence model and institutional supporting system for overseas expansion.

A Study on Establishment and Operation of International Arbitration Center within Incheon Free Economic Zone (인천경제자유구역 국제중재센터 설립 및 운영방안)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.121-145
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    • 2008
  • Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

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A Study on the Interdependencies of Payment and Settlement Systems in Korea (우리나라 지급결제시스템의 상호의존성에 관한 연구)

  • Yi, Junesuh;Kang, KyeongHoon
    • KDI Journal of Economic Policy
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    • v.32 no.2
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    • pp.171-216
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    • 2010
  • With the payment and settlement systems becoming more and more complex and interconnected, the issue of their interdependency rises as an important academic issue as well as a policy topic. This study examines causes, forms, and risk management of interdependencies of payment and settlement systems in Korea, and presents their current situation. By way of simulations using BOF-PSS2 developed by the Bank of Finland, we quantify the effects of an operational disruption on the payment and settlement systems so as to figure out the degree of interdependency. As a result, the secondary round effect reaches up to ₩13.6 trillion a day, which amounts to 7.8% of the daily settlement value. Furthermore, if we also consider the amount of direct operational disruption, the volume of operational disruption occupies 22.3% of total value of the daily settlement, evidencing that the interdependencies of the payment and settlement systems in Korea is enormously widespread. The secondary round effects are found to be more severe with security companies rather than with banks, and to be more depended upon when it is perceived rather than it actually happens. In case that we expand the liquidity to include cash holdings and deposits as assets, the secondary round effect dramatically decreases in all types of financial institutions while foreign banks account for more share of all the secondary round effects increases. Based on these results, we suggest various policy tasks and directions to improve the risk management of settlement systems: expansion of off-setting settlements, introduction of a new settlement system for securities transactions, rapid provision of liquidity to financial institutions, more effective monitoring on participant institutions, and intensified information sharing and cooperation among the systems.

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