• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• Korean Journal of Construction Engineering and Management
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• v.9 no.5
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• pp.214-226
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• 2008

Construction delay caused considerable losses to project parties. Avoiding construction delays is important to save costs for project stakeholders. The main objective of this paper is to identify major causes of construction delays of apartment construction projects in Vietnam. Sixteen causes of delay were identified through a questionnaire survey of 166 professionals. Factor analysis was employed to categorize these causes. The results of the survey revealed the main causes of delay of apartment projects in Vietnam are: (1) owner's and contractor'S financial difficulties; (2) lack of experienced contractors; (3) late delivery of materials; (4) late construction site handover; (5) owner's late payments for completed works; (6) low bid prices; (7) inappropriate construction method; and (8) defective works and unnecessary reworks. Factor analysis uncovered that causes of delay can be grouped under five categories labeled the five INs: incompetence, ineffectiveness, inadequateness, inapplicableness and inconceivableness. Comparative analysis between the Vietnam construction industry (VCI) and the Korea construction industry (KCI) has been performed to infer valuable lessons for researchers and practitioners in the VCI and the KCI. Comparative analysis indicated that main causes of delay in the VCI somewhat differ from main causes of delay in the KCI. However, "contractor'S financial difficulties", "late construction site handover", "unnecessary rework", "incapable designers", "site clearance difficulties" are common causes of delay in the VCI as well as the KCI. The findings of this research can be used as a guideline to overcome problems in the VCI as well as in other construction industries. Since Korea has emerged as the first largest foreign investor in Vietnam, the results of this study may be useful not only to practitioners and researchers in Vietnam but also to participants in Korea.

• Korean Journal of Construction Engineering and Management
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• v.10 no.3
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• pp.139-147
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• 2009

Accurate construction cost estimation in the initial stage of building project plays a key role for project success and for mitigation of disputes. Total construction cost(TCC) estimation of apartment projects in Vietnam has become more important because those projects increasingly rise in quantity with the urbanization and population growth. This paper presents the application of artificial neural networks(ANNs) in estimating TCC of apartment projects. Ninety-one questionnaires were collected to identify input variables. Fourteen data sets of completed apartment projects were obtained and processed for training and generalizing the neural network(NN). MATLAB software was used to train the NN. A program was constructed using Visual C++ in order to apply the neural network to realistic projects. The results suggest that this model is reasonable in predicting TCCs for apartment projects and reinforce the reliability of using neural networks to cost models. Although the proposed model is not validated in a rigorous way, the ANN-based model may be useful for both practitioners and researchers. It facilitates systematic predictions in early phases of construction projects. Practitioners are more proactive in estimating construction costs and making consistent decisions in initial phases of apartment projects. Researchers should benefit from exploring insights into its implementation in the real world. The findings are useful not only to researchers and practitioners in the Vietnam Construction Industry(VCI) but also to participants in other developing countries in South East Asia. Since Korea has emerged as the first largest foreign investor in Vietnam, the results of this study may be also useful to participants in Korea.

• Asia-Pacific Journal of Business
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• v.14 no.1
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• pp.131-148
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• 2023

Purpose - Since the 2020s, the management philosophy of Chinese firms' ESG has been rapidly established under the leadership of the Chinese government. We empirically analyze the ESG characteristics and effects on corporate value of Chinese firms. Design/methodology/approach - Using OLS and random effect panel regression analysis, we identify ESG determinants. In analyzing the impact on corporate value, likewise a large number of literatures, we adopt a 2SLS methodology using instrumental variables in the reason of endogeneity between ESG and firm value. We analyze using the G2SLS methodology, which is improving the efficiency of the estimation coefficients along with 2SLS. Findings - We find that ESG ratings are high in state-owned and foreign capital invested companies, ESG ratings are low in companies with a high proportion of non-floating stocks which implies information asymmetry. However, there are no significance in the institutional investor's, the major 10 largest shareholders' and manager's ownership. Furthermore, we can support most of the hypotheses that ESG ratings will be high in companies with high management performance. ESG ratings are significantly higher in companies with high ROA, rich in cash asset, low debt ratio, and large size. we strongly support the hypothesis that the higher the ESG rating, the higher the firm value, and ESG has a moderating effect on state-owned companies, non-floating shares, the ownership of institutional investors, manager, and the 10 major shareholder. In particular, state-owned companies, the proportion of non-floating shares, and the ownership of the 10 major shareholders have a negative impact on firm value, however, ESG attenuates this negative effect. Research implications or Originality - This study looks forward to enhancing our understanding of ESG characteristics in East Asia.

• The Journal of Small Business Innovation
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• v.19 no.1
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• pp.37-58
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• 2016

Despite the growing importance of corporate venture capital (CVC) in the venture capital market, little scholarly attention has been devoted to cross-border CVC investment. Venture firms perceive higher risks of technology leakage in cross-border CVC investment than they do in domestic CVC investment due to geographical and cultural disparity. Given that venture firms would not receive CVC investment in the presence of the partner uncertainty, we argue that the likelihood of cross-border CVC investment increases with the strength of intellectual property protection (IPP) regime, the investment timing (i.e. funding round number), and the industry unrelatedness with the corporate investor. Additionally, we investigate how the venture firm's complementary resource need interact with the partner uncertainty in decisions for cross-border CVC investment. By examining 2,873 CVC investment transactions in the period 1994-2009, we found supporting evidence for the strength of IPP regime and the industry unrelatedness in mitigating the partner uncertainty of foreign corporate investors. However, the effectiveness of these factors is moderated by the type of resources that the venture firms need from the foreign corporate investors.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• The Journal of Industrial Distribution & Business
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• v.9 no.12
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• pp.55-61
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• 2018

Purpose - It suggests that making a policy and strategies for a way of Dubai has a strong priority strategy on science and technology by using much oil dollars to prepare risk when oil dollar's decrease. This has been now investigated how the leading innovator has changed the periphery countries. Research design, data, and methodology - Analyze policy, status, what other neighbouring Middle East countries also want to benchmark a successful case of a leading Dubai strategy. Higher manpower is needed absolutely to develop S&T. and etc. Dubai and Arab countries establish university to nurture as well as invite the talented manpower from overseas to recover deficient manpower. Dubai built totally academy city and invited branch of the overseas famous university, and Saudi Arabia built university(KAUST) and invite faculty and support good scholarship for students. Abrab countries especially, This is studied the process of differentiating and integrating the migrant workers of these cities into the globalized cities. This has resulted in large-scale employment for foreign and local companies in these cities and the spread of science and innovation. Results - Dubai supports venture or SMEs by using a strong priority strategy and attracts foreigner's investor, with which the neighbouring countries have been preparing together for 4th wave. It demonstrates that the gravitational model has been activated from neighboring countries of innovation science to create Dubai's hub. The maturity of long-term urban innovation is related to innovation capability through the national response and review. As a result, the flow of skilled international migration has been localized because of the mutual intersection with the local employment structure, and the development has spread as it spreads to neighboring countries. Conclusion - For the exploiting of new Distribution market in the neighbouring countries, Middle East countries' a strong priority strategy on S&T and education system give an influence on economic situation of the 4th wave in the world and world order of leading by USA, Japan, or EU, and etc. This is due to the creation of clusters in the form of SEZs, friendly industrial policies and world-class infrastructure and innovation development. Its neighbours benchmark the cases of distribution of science innovation and centralizes the surrounding people.

• The Korean Journal of Financial Management
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• v.26 no.4
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• pp.1-34
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• 2009

We test the effect of corporate cash holdings on firm value by using the KOSPI listed firms over the period between 2002 and 2007 from the agency theories perspective, which has not been the central interest of prior studies. Unlike existing studies, using the manager's ownership ratio or foreign investor's shareholder ratio as a proxy variable for agency costs, we use the individual firm's corporate governance scores by the KCGS to test the effect of agency costs on the value of firm's cash holdings. We find that a firm value is positively related with its cash holdings. We also find that a firm with good corporate governance tends to experience a higher value of its cash holdings, compared with a firm with bad corporate governance. These results are consistent even after controlling for the endogeneity problems between corporate governance and firm value, strongly supporting the agency theory of cash holdings. Therefore, a firm's cash holdings, even from liquidity or precautionary motives, could increase the firm cash value, as long as its managers' interest is shareholders' wealth maximization rather than their private benefits.

• Journal of Convergence for Information Technology
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• v.10 no.11
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• pp.302-312
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• 2020

This study examined whether there is a difference in cost asymmetry between a corporate listed on KOSDAQ and a corporate listed on KOSPI, and whether there is a difference in cost asymmetry depending on the size of the listed corporate. In the previous study, cost asymmetry was examined only for listed corporate, but the difference in size between KOSDAQ-listed corporate and KOSPI-listed corporate was not examined. However, according to many studies, since the characteristics of corporate and firm risks are different between corporate listed on KOSPI and corporate listed on KOSDAQ, or even for listed corporate, such an impact may affect the decision-making of internal resource allocation. The analysis was conducted that there would be a difference in the impact. For this study, the results of analyzing the KOSPI and KOSDAQ markets from 2011 to 2019 using the cost behavior model of Anderson et al. (2003), There was a difference in cost behavior in the KOSPI and KOSDAQ markets. Overall, as in previous studies, Cost Stickiness was appeared. but in the case of the KOSPI market, Cost Stickiness was mitigated.It was found that corporate with large corporate size made the decision to dispose of idle resources more clearly when sales decreased. In addition, it was observed that the higher the foreign investor's ownership ratio, the KOSPI market, and the larger the corporate size, the more clearly the Stickiness of cost was mitigated. This study expands research on cost asymmetry and reveals that there is a difference between the KOSPI market and the KOSDAQ market, and between the size of the corporate, and has a differentiation from previous studies.

• Management & Information Systems Review
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• v.36 no.3
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• pp.255-268
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• 2017

This study examines whether firms with tax avoidance of Corporate Social Responsibility(CSR) performance is tempered by the extent firms engage in CEO turnovers. Considering the increasing interest in CSR activities of the firm to secure sustainable growth of national economy, this paper investigates the benefit and cost of CSR activities by combining the agency theory using the firm level data. Prior studies document that investors positively value tax avoidance. The rationale for this finding is that tax avoidance provides cash savings that can be used by firm managers to generate future shareholder wealth. Prior studies also show that investors' valuations are sensitive to the risk of future negative tax outcomes. Assuming that many types of CSR performances are low risk, low yielding uses of firm resources, we posit that higher levels of CSR performance may signal to investors that cash generated via tax avoidance has not been fully used to generate a return sufficient to offset the risk associated with aggressive tax planning strategies. Consistent with this argument, we predict and find that the positive association between CSR performance and tax avoidance is significantly weakened when firms have higher positive levels of CEO turnovers. Further, we predict and find that 'philanthropic' types of CSR activities in particular are associated with investor discounting of tax avoidance. We interpret our results as suggesting the equity market views CSR activities to be ostensibly funded through cash savings generated via tax avoidance.