• 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).

• 한국항만경제학회지
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• 제29권2호
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• pp.19-38
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• 2013

해운기업의 경우 선박과 같은 설비자산에 대한 타인자본의존도가 높아 자본구조를 포함한 재무건전성에 대한 관리가 여타 산업에 비해 높은 특징을 가지고 있다. 아울러 선박과 같은 자산의 확보에 거대 자본이 소요되는 만큼 조달비용을 포함한 자본비용과 장기지불능력을 동시에 고려해야 하는 특징도 가지고 있다. 즉, 투자에 따라 창출될 미래현금흐름이 자본비용뿐만 아니라 장기부채비용까지 보존되어야하는 것이다. 이를 바탕으로 본 연구는 타인자본조달이 중요한 해운기업들을 대상으로 부채 및 기업특성변수와 기업의 투자활동과의 관련성을 알아보고자 하였으며, 자산대비 부채비율, 부채만기, 금융비용 부담률이 해운기업의 투자활동 현금흐름과 관련성이 있는 것으로 나타났다. 아울러 부채가 증가할수록 투자활동현금흐름이 위축되는 결과를 보여주었으며, 기업규모가 작고 경기가 불황일수록 자본의 조달비용측면에 더욱 민감한 것으로 분석되었다. 반면 기업규모가 크고 상대적으로 호황일수록 자본조달비용측면보다는 자본구조에 더 민감한 나타났다. 결국 해운기업의 경우 부채관련 요인이 주요한 투자활동 변수임과 동시에 기업규모와 경기변화에 따라 투자의사결정요인이 다른 양상을 가짐을 시사해주고 있다.

• 통상정보연구
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• 제15권4호
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• pp.147-170
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• 2013

2011년에 한 페루간의 FTA가 발효되면서 양당사국은 협정 발효 이후 10년 이내에 모든 관세를 철폐하기로 합의하였다. 이로 인해 한국의 남미지역 수출이 증가하게 되었으며 페루 내수시장의 점유율도 상승하게 되었다. 한국은 아연과 구리 등의 광물자원을 대부분 수입하고 있으며 승용차와 컬러 TV등의 주력 품목을 페루에 수출하고 있다. 특히 FTA 발효 이후 한국의 수출품목 중에서 컬러 TV의 수출이 큰 폭으로 증가하였다. 현재 한국과 페루의 교역 및 투자환경을 살펴보면 제한된 수출품목으로 진출이 이루어지고 있으며 투자 역시 다양한 산업분야가 아닌 광업분야에 집중되어 있는 상황이다. 이에 본 연구에서는 한 페루 FTA 발효 이후 양국사이의 교역구조 변화를 살펴보고 문제점과 이에 대한 개선방안을 분석하여 향후 페루시장 진출을 확대할 수 있는 방안을 제시하고자 한다.

• 한국중재학회지:중재연구
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• 제29권4호
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• pp.3-31
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• 2019

In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.

• 기술사
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• 제38권6호
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• pp.1-9
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• 2005

The Republic of Korea (South) and the Peaples Republic of Korea (North) had agreed to exploit the North Korean rich natural resources starting from the year of 2006. Through this mutual agreement DPRK shall quarantee ROK's investment in the North Korean Mines and supply mineral products for the compasation of the financial investment supported by ROK. In the area of northern part of Korea, many kind of natural resources such as Magnesite, Iron, Gold & Silver, Copper, Lead & Zinc, and Coal are plentifully deposited. In the area of southern part of Korea, however, most kind of natural resources have been exhausted and so presently major minerals such as Gold & Silver, Copper, Lead & Zinc and Coal are being imported and relying on foreign countries in whole quantity of the requirement. On the other hand Northern Part of Korea is making very slow progress in mining and exploitation owing to the lack of investment even though there are rich deposits of natural resources. And in Southern Part of Korea, they have most advanced production facilities and technologies in the world in the fields of Mineral Floatation, Steel Manufacturing, Nonferrous Metal Smelting & Refining and those plants fabrications. A combination of Southern Technologies together with Financial Support and Northern rich natural resources & Labour Power will be a most hopeful, desirable and mutually required 'South-North economic Cooperation' as the mining industries are labour intensive.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.29-53
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• 2013

Chinese ISD has been changed a lot since the reformation policy in 1978 and it is expected that China will present a changed attitude toward its advantage as its industrialization continues to advance. This study generally examines the ISD in BIT and also considers not only the attitude of China with regard to ISD but also the changes on the Chinese side. Moreover, this study determines the areas on which the Chinese government focuses. In order to conduct this study, the author attempts to classify the attitudes on ISD into chronical change and treaty powers based on the analysis of BIT. In addition, the paper examines the main contents of ISD in BIT which previously involved an agreement such as arbitral institution, arbitral range, counter-measures of local country, standard for admitting the nationality of corporate investors, and recognition and enforcement of arbitral award. Based on analysis, this paper mentions matters that require attention and caution in the Korea-China FTA as regards investment negotiation, and also suggests instructions for investors who may face dispute with the Chinese government.

• 무역학회지
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• 제47권6호
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• pp.307-333
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• 2022

In recent years, the outward foreign direct investment (oFDI) in the Belt and Road Initiative (BRI) by Chinese companies has significantly increased in size and changed in content. However, changes in the oFDI patterns between the pre- and post-BRI periods have not received sufficient attention from academia despite their theoretical and strategic significance. This paper reviewed existing research to establish seven hypotheses on changes in the oFDI patterns of Chinese companies investing in BRI countries and conducted empirical analyses to test the hypotheses using secondary data. The results showed that after the BRI agreement, Chinese oFDI in BRI countries was more active in less economically and less institutionally developed countries, that the oFDI by privately-owned enterprises (POEs) increased more than that of state-owned enterprises (SOEs), and that SOEs were more active in the social overhead capital (SOC) area while POEs were more active in the non-SOC area. The paper concludes with a summary, implications, and future research directions.

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.3-49
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• 2006

The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• 한국항만경제학회지
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• 제24권2호
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• pp.317-334
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• 2008

본 연구에서는 항만산업이 국가경제에 미치는 영향을 산업연관표를 이용하여 살펴보고, 항만시설에 대한 국제경쟁력 저하의 원인을 항만투자의 부재에 기인하는 것으로 보고 항만산업의 투자비 조달방안을 제시하는데 연구의 목적이 있다. 주요 내용은 생산유발계수, 부가가치유발계수, 수입유발계수, 영향력계수, 감응도계수이다. 이들의 분석을 통하여 본 결과 항만산업이 국민경제에 미치는 영향은 크다고 할 수 있다. 또한 선박의 대형화에 대비한 대수심의 확보, 항만서비스의 향상과 생산성의 제고, 대형선사의 부두운영참가 등을 통해 항만산업 발전에 투자를 해야 한다. 그런데 항만개발에 따른 비용이 필요할 뿐만 아니라 대단위의 비용이 투입되는 산업분야이다. 따라서 항만산업은 산업구조상 국가경제에 미치는 전후방 파급효과가 매우 크며, 또한 항만은 특성상 조기에 확보하기가 어렵고, 거대한 자본이 소요된다. 우선 항만물류의 효율성을 제고되는 것이 중요하며, 소프웨어적 측면과 하드웨어적인 항만시설의 확보가 중요하며 이를 위해서 항만시설투자에 적극적이어야 한다.