• Title/Summary/Keyword: Indirect valuation

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A Study on the ICSID Arbitration Cases for Compensation of Indirect Expropriation (간접수용의 보상에 관한 ICSID 중재사례 연구)

  • OH, Won-Suk;HWANG, Ji-Hyeon
    • 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.

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The Value Assessment for Indirect Benefits of Road Project Using Contingent Valuation Method (조건부가치측정법을 이용한 도로사업의 간접편익 추정)

  • Kim, Kyong Ju;Kang, Ki Yong;Kim, Kyoungmin
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.30 no.1D
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    • pp.61-70
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    • 2010
  • In case of low benefit project with low traffic or high-priced project, existing analysis of cost and benefit tends to present a low feasibility. However, considering the improvement of environment, intensification of disaster prevention, public stability of countryside area and formation of good scenery, these projects can have a feasibility. This paper analyzes and summarizes the indirect benefit of some ripple effects, caused by road projects, and presents the methodology and process in order to change the indirect benefit into monetary value.

Indirect benefits of the introduction of Korean Spatial Information System (한국형 공간정보시스템 도입의 간접적 편익에 관한 분석)

  • Lee, Young-Sung;Kim, Kab-Sung;Jung, Hayoung;Kim, Jin
    • Journal of the Korean Regional Science Association
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    • v.33 no.2
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    • pp.39-46
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    • 2017
  • This study estimated indirect economic benefits of the introduction of Korean Spatial Information System. Korean academic society has been reluctant to consider indirect benefits as an item of benefits in cost-benefit analysis. Nevertheless, other countries including England recommend to consider some indirect benefits like option value as an important item of cost-benefit analysis, especially in the case of transportation projects. This study estimated indirect benefits of the introduction of Korean Spatial Information System using Contingent Valuation Methods: Indirect benefits of the project are so significant in terms of statistics and substantial in terms of magnitude that decision making can differ from the case without consideration of such indirect benefits.

A Legal Review on the Warranty Charges Clauses of the WTO Customs Valuation Agreement and the Korean Customs Act (관세평가협정과 관세법상 하자보증비용에 관한 연구)

  • Jin-Kyu Kim
    • Korea Trade Review
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    • v.47 no.5
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    • pp.129-145
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    • 2022
  • Recently, Korean customs authorities have attempted to impose customs duties on the warranty charges paid by Korean subsidiaries ("the taxpayers") of multinational corporations to their overseas headquarters, or their affiliates, as indirect payment of the price actually paid or payable for imported goods and services, and the taxpayers' complaints have been steadily increasing. The key issue of Korean Supreme Court decision, 2018Du56619, revolves around opposing interpretations of the Korea Customs Act and the WTO's Customs Valuation Agreement in determining who is responsible for paying duties levied on warranty charges. The Supreme Court's ruling was consistent with its previous interpretations of the WTO agreement on customs valuations. The Supreme Court ruled in favor of the plaintiff, a Korean subsidiary, stating that the overseas corporate headquarters' payments of warranty charges to Korean dealers are made on behalf of the Korean subsidiary, which is ultimately responsible for covering warranty charges. Thus, the Korean subsidiary's settlement of the warranty charges to their Korean dealers through the overseas headquarters is effectively the same as a direct payment to the dealers. Therefore, the Korean subsidiary performed warranty services on its liability and account. As such, the court ruled that warranty charges should not include tariffs on the indirect payment for warranty services in such cases. This paper presents the comparative legal implications for the warranty charge clauses in the WTO agreement and the Korean Customs Act and analyzes the Supreme Court's decisions.

Information for the valuation of real estates (부동산 투자가치평가를 위한 정보의 창출)

  • Ryu Sung-Yong
    • The Journal of Information Technology
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    • v.6 no.3
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    • pp.53-64
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    • 2003
  • The purpose of this study is to examine the valuation models and valuation factors for the valuation of real estates. In Korea, the weak market conditions prevented investors from the sound investing the real estates. To develop the real estate investment market, we need the information of sale prices, volume, vacancy rates, and regulatory policies to the various types, and areas of the real estates. In addition, we have to develop the indirect investing methods such as REITs.

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A Study on the Indirect Benefits of Undergrounding Overhead Power Line Projects in an Urban Area Using Contingent Valuation Method (조건부가치측정법(CVM)을 이용한 도심지 송전선로 지중화사업의 간접편익 추정)

  • Park, Chan-Ho;Kim, Sung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.28 no.6D
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    • pp.871-879
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    • 2008
  • Recently, as there are a rise in the standard of living and higher concerns of an electromagnetic wave and environment, undergrounding the aerial cables which are supported by large pylons and generally considered as the least attractive feature of an urban area is on an increasing trend to improve aesthetic benefits and electric reliability. This study applied Contingent Valuation Method (CVM) which is expected to become an effective tool to measure indirect benefit to estimate the substantial benefits of undergrounding overhead power line projects in an urban area. The tunneling construction project of the 345kV Shinsungnam electric power cable in Seongnam city was selected and a hypothetical scenario was given to respondents to determine their levels of Willingness to Pay (WTP) for undergrounding overhead power lines. The result from the estimation of the WTP of undergrounding overhead power lines in Seongnam city was calculated as approximately 17.1 billion won. Placing existing overhead lines underground is difficult to justify economically. Most undergrounding costs appear to be justified by aesthetic and public policy considerations. Therefore, considering the result of this study, undergrounding overhead power lines is of great benefit to public.

Economic Valuation of Urban Riverine Restoration and A Test of Social Desirability Bias (도심하천복원 경제가치 추정에서 사회규범편의 검정)

  • Choi, Andy S.;Sung, Chan Yong;Baek, Hyojin
    • Environmental and Resource Economics Review
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    • v.28 no.4
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    • pp.645-673
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    • 2019
  • The hypothetical nature of stated preferences can lead to a hypothetical bias that might work as a normative pressure, influencing survey responses. This paper aims to test the impact of social desirability bias by comparing economic estimates based on both subjective and objective valuation questions. The case study is about an urban riverine restoration project in Deajeon, South Korea. As valuation methods both contingent valuation and choice experiments were comparatively applied. Based on a nationally representative sample of 1,000 respondents, the test results offered contrasting conclusions between two test approaches. Accroding to the estimation results based on the conventional valuation, the marginal willingness to pay estimates are 10,500 KRW from CV; and 18,600 KRW for improving water quality, 2,200 KRW for the inside view, 8,900 KRW for the outside view, and 5,800 KRW for biodiversity from CE. A segmentation-based approach is a conventionally used method, which showed a limited impact of social desirability on willingness to pay estimates. The alternative parameterization-based approach measures a model-wide impact of social desirability, proving a significant bias. Although the study positioned a cheap-talk statement before the valuation section of the survey questionnaires, which might have pre-screened the bias, the overall implications of the results suggest a caution in reducing and observing hypothetical bias. There might remain a significant and substantial hypothetical bias even after cheap-talk, particularly in situations with strong social desirability, so that the potential role of objective valuation questions is guaranteed.

Economic Valuation of Official Management for Invasive Insects and Diseases in Fruits (과실 병해충에 대한 공적방제조치의 가치분석)

  • Kwon, Daeyoung;Son, Minsu;Kim, Brian H.S.
    • Journal of Korean Society of Rural Planning
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    • v.20 no.4
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    • pp.67-76
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    • 2014
  • The objective of this study is to estimate the economic value of official management and control for invasive insects and diseases in fruits. The direct and indirect effect of this control measure can be the changes in price of fruits and related goods, changes in export volume of domestic fruits, changes in total volume of fruit production, and reduce the risk in food safety. The contingent valuation method with the single-bounded dichotomous choice is employed to estimate each household's willingness-to-pay (WTP) to maintain official management and control measures. The total number of sample consists 2,050 respondents between the ages of 19-60 years, and the survey is conducted using Web-based survey. The estimated results for mean WTP is 5,443won per month per household. Therefore, the total economic value of official management and control on fruit in Korea is estimated to be approximately 94.4 billion won per month.

Trust Evaluation Metrics for Selecting the Optimal Service on SOA-based Internet of Things

  • Kim, Yukyong
    • Journal of Software Assessment and Valuation
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    • v.15 no.2
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    • pp.129-140
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    • 2019
  • In the IoT environment, there is a huge amount of heterogeneous devices with limited capacity. Existing trust evaluation methods are not adequate to accommodate this requirement due to the limited storage space and computational resources. In addition, since IoT devices are mainly human operated devices, the trust evaluation should reflect the social relations among device owners. There is also a need for a mechanism that reflects the tendency of the trustor and environmental factors. In this paper, we propose an adaptable trust evaluation method for SOA-based IoT system to deal with these issues. The proposed model is designed to minimize the confidence bias and to dynamically respond to environmental changes by combining direct evaluation and indirect evaluation. It is expected that it will be possible to secure trust through quantitative evaluation by providing feedback based on social relationships.

Study on the comparison result of Machine code Program (실행코드 비교 감정에서 주변장치 분석의 유효성)

  • Kim, Do-Hyeun;Lee, Kyu-Tae
    • Journal of Software Assessment and Valuation
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    • v.16 no.1
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    • pp.37-44
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    • 2020
  • The similarity of the software is extracted by the verification of comparing with the source code. The source code is the intellectual copyright of the developer written in the programming language. And the source code written in text format contains the contents of the developer's expertise and ideas. The verification for judging the illegal use of software copyright is performed by comparing the structure and contents of files with the source code of the original and the illegal copy. However, there is hard to do the one-to-one comparison in practice. Cause the suspected source code do not submitted Intentionally or unconsciously. It is now increasing practically. In this case, the comparative evaluation with execution code should be performed, and indirect methods such as reverse assembling method, reverse engineering technique, and sequence analysis of function execution are applied. In this paper, we analyzed the effectiveness of indirect comparison results by practical evaluation . It also proposes a method to utilize to the system and executable code files as a verification results.