• Title/Summary/Keyword: Investment Principle

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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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전기통신사업의 총요금수준 결정

  • Jang, Seok-Yun;Lee, Jae-Ho
    • ETRI Journal
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    • v.7 no.4
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    • pp.15-23
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    • 1985
  • Korea is trying to build the advanced telecommunications system to lead the information society in advance, which will demand a large amount of internal funds. The degree of rate level of telecommunications services. The objective of this article is to set up the principle which will be applied to decide the level of total revenue requirement(TRR) of telecommunications services in Korea. The trait of the principle is to specify the relation between the investment volume in telecommunications and gross fixed capital formation (G. F. C. F)at the national level. This article also proposes the m,d-term alternatives of strategic variables for the application of the principle.

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Correlation Between the Relaxation of South Korea's Capital Market Separation Law and Changes in CVC Investment Types (한국의 금산분리법 완화와 CVC 투자유형 변화 간의 상관관계 논증)

  • Lee, Ki-ho;Lee, Sang-myung
    • Journal of Venture Innovation
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    • v.6 no.3
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    • pp.61-72
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    • 2023
  • In December 2020, the Fair Trade Act related to South Korea's separation of industrial capital was amended, and it was announced that the amendments would come into effect one year later, on December 30, 2021. The amendment's content involved breaking the previous principle of separating industrial capital from financial market penetration, allowing for the ownership of shares in general holding companies, small business startup investment companies, and technology business finance specialist companies. While the previous law was based on total issued shares' ownership, there were fluctuations in the subsequent trends of annual establishment and investment counts, as well as strategic investment counts of CVC (Corporate Venture Capital) before and after the law's amendment. CVC and IVC (Independent Venture Capital) are characterized differently based on their investment purposes, fund management types, and investment types. In this regard, the relaxation of the separation of industrial capital law is expected to have a positive impact on the future of the venture investment ecosystem and innovation ecosystem. In this study, we analyze the trends in the establishment count, investment count, and strategic investment count of domestic CVC from 2018, before the law amendment, to May 2023. Using 2021, the year the amended separation of industrial capital law was implemented, as a reference point, we examine changes in the trend. The analysis results indicate a significant increase in domestic CVC in 2021 compared to the previous year, along with an increase in investment counts, strategic investment counts, and the amount of investment in strategic investments. Based on these findings, this study suggests directions for further research related to future domestic CVC investment, strategic investment, and the activation of the venture investment market.

A Study on Fair and Equitable Treatment in International Investment Agreements (국제투자협정상 공정하고 공평한 대우에 관한 연구)

  • Kim, Yong-Il;Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.187-213
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    • 2012
  • The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

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A Study on the Major Elements of an Arbitration Clause in International Investment Contracts (국제투자계약상의 중재조항(Arbitration Clause)의 주요 구성요소에 관한 연구)

  • Oh, Won-Suk;Seo, Kyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.155-180
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    • 2008
  • The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

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A Study on Dynamic Optimization of Time-Of-Use Electricity Rates (계절.시간대별 차등 전기요금의 동태적 최적화에 관한 연구)

  • 김동현;최기련
    • Journal of Energy Engineering
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    • v.5 no.1
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    • pp.87-92
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    • 1996
  • This paper formulates dynamic optimization model for Time-Of-Use Rates when a electric power system consists of three generators and a rating period is divided into three sub-periods. We use Pontryagin's Maximum Principle to derive optimal price and investment policy. Particularly the cross-price elasticities of demand are considered in the objective function. We get the following results. First, the price is equal to short-run marginal cost when the capacity is sufficient. However, if the capacity constraint is active, the capacity cost is included in the price. Therefore it is equal to the long-run marginal cost. Second, The length of rating period affects allocation of capacity cost for each price. Third, the capacity investment in dynamic optimization is proportional to the demand growth rate of electricity. However the scale of investment is affected by not only its own demand growth rate but also that of other rating period.

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Developing Cryptocurrency Trading Strategies with Time Series Forecasting Model (시계열 예측 모델을 활용한 암호화폐 투자 전략 개발)

  • Hyun-Sun Kim;Jae Joon Ahn
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.4
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    • pp.152-159
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    • 2023
  • This study endeavors to enrich investment prospects in cryptocurrency by establishing a rationale for investment decisions. The primary objective involves evaluating the predictability of four prominent cryptocurrencies - Bitcoin, Ethereum, Litecoin, and EOS - and scrutinizing the efficacy of trading strategies developed based on the prediction model. To identify the most effective prediction model for each cryptocurrency annually, we employed three methodologies - AutoRegressive Integrated Moving Average (ARIMA), Long Short-Term Memory (LSTM), and Prophet - representing traditional statistics and artificial intelligence. These methods were applied across diverse periods and time intervals. The result suggested that Prophet trained on the previous 28 days' price history at 15-minute intervals generally yielded the highest performance. The results were validated through a random selection of 100 days (20 target dates per year) spanning from January 1st, 2018, to December 31st, 2022. The trading strategies were formulated based on the optimal-performing prediction model, grounded in the simple principle of assigning greater weight to more predictable assets. When the forecasting model indicates an upward trend, it is recommended to acquire the cryptocurrency with the investment amount determined by its performance. Experimental results consistently demonstrated that the proposed trading strategy yields higher returns compared to an equal portfolio employing a buy-and-hold strategy. The cryptocurrency trading model introduced in this paper carries two significant implications. Firstly, it facilitates the evolution of cryptocurrencies from speculative assets to investment instruments. Secondly, it plays a crucial role in advancing deep learning-based investment strategies by providing sound evidence for portfolio allocation. This addresses the black box issue, a notable weakness in deep learning, offering increased transparency to the model.

Analytical Research to Determine the effects of the Components of ONGABO on the Viability of HepG2 Cancer Cells by Using the Sovereign, Minister, Assistant and Courier Principle (君臣佐使論)

  • Shin, Jeong-Hun;Jun, Seung-Lyul;Hwang, Sung-Yeoun;Ahn, Seong-Hun
    • Journal of Pharmacopuncture
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    • v.15 no.4
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    • pp.42-51
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    • 2012
  • Objectives: This study used the basic principle of Oriental medicine, the sovereign, minister, assistant and courier principle (君臣佐使論) to investigate the effects of the component of ONGABO, which is composed of Ginseng Radix (Red Ginseng), Angelica Gigantis Radix, Schisandrae Fructus, Cuscuta Semen and Curcumae tuber on the viability of HepG2 cells. Methods: Single and mixed extracts of the component of ONGABO were prepared by lypohilizing powder of Red Ginseng (6-year root from Kanghwa), Angelica Gigantis Radix, Schisandrae Fructus, Cuscuta Semen, Curcumae Tuber (from Omniherb Co., Ltd., Korea) at the laboratory of herbal medicine in Woosuk University and were eluted after being macerated with 100% ethanol for three days. The cell viability of HepG2 was determined by using an absorptiometric analysis with PrestoBlue (Invitrogen) reagent after the plate had been incubated for 48 hours. All of the experiments were repeated three times to obtain the average value and standard deviation. The statistical analysis was done and the correlation factor was obtained by using Microsoft Office Excel 2007 and Origin 6.0 software. Results: Although Ginseng Radix (Red Ginseng) and Schisandrae Fructus did not enhance the viability of HepG2 cells, they were shown to provide protection of those cells. On the other hand, Angelica Gigantis Radix decreased the viability of HepG2 cells significantly, Cuscuta Semen and Curcumae Tuber had a small or no effect on the viability of HepG2 cells. Conclusions: In the sovereign, minister, assistant and courier principle (君臣佐使論), Ginseng Radix (Red Ginseng) corresponds to the sovereign component because it provides cell protection effects, Angelica Gigantis Radix corresponds to minister medicinal because it kills cells, Schisandrae Fructus corresponds to the assistant medicinal to help red ginseng having cell protect effects. Cuscuta Semen and Curcumae Tuber correspond to the courier medicinal having no effect in cell viability in HepG2. We hope this study provides motivation for advanced research on the sovereign, minister, assistant and courier principle.

A Study on the Capacity Payment in Cost Based Pool (비용기반 전력시장에서의 용량요금 산정방안에 관한 연구)

  • Han, Seok-Man;Kim, Balho H.
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.57 no.9
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    • pp.1531-1535
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    • 2008
  • In the past vertically integrated power system, the power utility forecasted power demand and invested new power plants to keep a system adequacy. However, in the competitive electricity markets, a principle part of the capacity investment is market participants who decided the investment to maximize their profit. Especially, one of the main factors in their long-term decision making is the retrieval of fixed costs (construction costs). This paper presents the capacity payment in electricity power markets. The capacity payment (CP) in Cost Based Pool (CBP) is needed to recover fixed costs. However, CP in CBP was applied not only recovering fixed costs but also ensuring supply reliability. In order to operate harmonious power markets, pool needs reasonable CP mechanism. This paper analysis CP using capacity proportion and Reliability Pricing Model (RPM).

A Study on the Optimal Planning Model of Building Integrated Energy System's Components (건물용 종합에너지시스템 구성요소의 최적 투자모형에 관한 연구)

  • Suh, S.O.;Park, J.S.;Chang, S.C.;Kim, J.H.
    • Proceedings of the KIEE Conference
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    • 1997.07c
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    • pp.797-799
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    • 1997
  • This paper presents an operation and planning model of integrated energy systems which consist of small scale cogeneration systems, thermal accumulator, ice storage and electrical energy storage systems. In the proposed planning model, an optimization of total cost which contains investment, operation, thermal shortage and salvage costs has carried out with the maximum principle based on the lifetime of each system component and unit price per capacity. From this model, optimal investment capacity per annum can be determined during the studied periods using the marginal costs according to the operation characteristics of each system component.

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