• 한국중재학회지:중재연구
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• 제27권1호
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• pp.131-160
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• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• 한국중재학회지:중재연구
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• 제33권2호
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• pp.53-83
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• 2023

The investment agreement prepared at the beginning of inter-Korean economic cooperation in 2000 can be evaluated as very ineffective as a product of mutual political and diplomatic compromise rather than an effective protection for our investment assets. South Korean companies suffered a lot of losses due to the freezing of assets in the Geumgang mountain district and the closure of the Kaeseung Industrial Complex, but they did not receive practical damage relief due to institutional vulnerabilities. Currently, North Korea is under international economic sanctions of the UN Security Council, so it is true that the resumption of inter-Korean economic cooperation is far away, but North Korea's human resources and geographical location are still attractive investment destinations for us. Therefore, if strained relations between the two Koreas recover in the future and international economic sanctions on North Korea are eased, Korean companies' investment in North Korea will resume. However, the previous inter-Korean investment agreement system was a fictional systemthat was ineffective. Therefore, if these safety devices are not reorganized when economic cooperation resumes, unfair damage to Korean companies will be repeated again. The core of the improved investment guarantee system is not a bilateral system between the two Koreas, but the establishment of a multilateral system through North Korea's inclusion in the international economy. Specifically, it includes encouraging North Korea to join international agreements for the execution of arbitration decisions, securing subrogation rights through membership of international insurance groups such as MIGA, creating matching funds by international financial organizations. Through this new approach, it will be possible to improve the safety of Korean companies' investment in North Korea, and ultimately, it will be necessary to lay the foundation for mutual development through economic cooperation between the two Koreas.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.31-52
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• 2012

Although political uncertainty exists between China and Taiwan, the two countries have been expanding their economic exchange since the 1980s. That economic exchange is not limited to trade, and its investment segment is constantly expanding. The investment was one-sided by Taiwan in the past, but since a change in policy by the Taiwan government in 2009, Chinese capital is able to flow into Taiwan for direct investment. These kinds of policy changes related to investment between the two countries require follow-up actions such as profit protection for investors, elimination of investment limitations, simplification of investment procedures, and establishment of an investment dispute resolution system. The main topic of this study is the resolution mechanism for investment disputes between China and Taiwan. At present, an individual investment dispute between two countries is settled according to each country's own regulations for dispute resolution. However, these two countries have not prepared dispute resolution regulations related to cases of investment disputes between Chinese or Taiwanese investors and the Chinese or Taiwanese government, or between the Chinese government and the Taiwanese government. Moreover, they do not have any agreements related to investment disputes. Therefore, in this paper, I enumerate the regulations related to investment dispute resolution between China and Taiwan, and then I point out the problems and suggest solutions for improvement. Also, through this study, I would like to contribute to establishing and implementing an investment dispute resolution mechanism between South Korea and North Korea.

• 디지털산업정보학회논문지
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• 제12권2호
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• pp.73-86
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• 2016

The purpose of this study is to examine a security investment for firms experienced in confidential information leak. Information security is an apparatus for protection of secret information. The competence of information security is a competitiveness to avoid information leakage in changing business environment. The type of information security is divided into administrative security, technical security and physical security. It is necessary to improve the incident correspondence competence through information security investment of the three types. Therefore, the investment of information security is to enhance information-asset protection of firms. To reinforce accident response competence, an organization discussed an establishment, security technology development, expand investment and legal system of the security system. I have studied empirically targeting the only information leak of firms. This data is a technical security competence and technology leakage situation of firms happened in 2010. During recovery of the DDos virus damage on countries, company and individual, the collected data signify a reality of information security. The data also identify a security competence of firms worrying information security management. According to the study, the continuous investment of information security has a high competence of accident correspondence. In addition, the most of security accidents showed a copy and stealing of paper and computer files. Firm on appropriate security investment is an accident correspondence competence higher than no security investment regardless of a large, small and medium-sized, and venture firm. Furthermore, the rational security investment should choose the three security type consideration for firm size.

• 한국중재학회지:중재연구
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• 제24권1호
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• 디지털산업정보학회논문지
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• 제19권2호
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• pp.89-102
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• 2023

The purpose of this study is to examine what are the important variables for information security compliance and whether the information security investment by the industry is different. To comply with the information security policies, the organization must establish measures to prevent or resolve information security incidents. This research process consists of four stages, and the analysis method was conducted with the categorical regression analysis and the correspondence analysis. The first analysis analyzed the independent variables that affect security regulations compliance. The rest of the analysis was conducted by industry in the order of security compliance regulations, manpower investment, and budget investment. As a result of the first analysis, this had positive effects on an organization and personal information protection awareness, joint operation organization of information protection, manpower and budget investment, corporate size, and industry. The correspondence analysis was conducted from the second analysis to the fourth analysis and it analyzed the differences in information security investment by industry. The second analysis showed that the construction industry, science and technology industry, and finance industry have higher compliance with security regulations than other industries. The third analysis showed that the financial industry and the science and technology industry were higher than other industries. The last analysis showed that the financial industry was higher than other industries. The theoretical contribution of this study provided the basis for updating the information security theory. The practical contribution of this study requires government support to reduce information security deviations by industry.

• 4차산업연구
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• 제2권2호
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• pp.39-46
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• 2022

Purpose - This study analyzes the investment environment of South Korea by using the rating scale of Robert B Stobaugh, Jr, and draws conclusion implication. Research design, data, and methodology - The study conducted a survey on according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years. The score of these eight aspects will be given based on the current situation in South Korea and the sum of the scores will be calculated. Result - China-Korea economic and trade relations are in a stage of transformation and upgrading, and the level of economic and trade cooperation in various fields is reaching a new level. It is hoped that Chinese enterprises will grasp business opportunities, strengthen research and analysis of the Korea market and achieve mutually beneficial cooperation. Conclusion - The investment environment of South Korea is superior according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years.

• 디지털융복합연구
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• 제11권1호
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• pp.99-106
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• 2013

최근 기업의 개인정보 유출 사고와 관련한 금전적 손실이 점차 증가추세에 있으며 대외 이미지 손실 등의 간접적 피해도 무시 못 할 상황이 되었다. 이 같은 피해를 줄이기 위해서 개인정보보호투자에 대한 필요성이 증대되고 있다. 개인정보보호에 대한 투자가 활성화되기 위해서는 개인정보보호투자의 비용효과 분석 및 정성적 효과분석이 모두 반영된 성과측정 방법이 필요하다. 하지만 현재 국내외 개인정보보호 투자 성과측정에 관한 연구는 매우 미흡한 상황이다. 본 연구에서는 정량적 및 정성적 성과측정이 가능한 개인정보보호투자 모델을 제시하였다. 이를 위해 정보 보호투자 및 IT 투자성과측정 관련 기존 연구의 비교분석을 수행하였고, 개인정보보호 특성과 현실적용 가능성 측면을 고려하여 정량적 및 정성적 측정이 모두 가능한 WiBe 접근 방법론을 선택하였다. WiBe 방법론을 기반으로 개인정보보호 투자에 적절한 성과측정 모델과 16개의 성과측정 지표를 제시하였다. 특히, 정량적 효과측정에서 사전위협평가방법을 기반으로 기업 및 조직의 성격에 따른 개인정보보호의 투자의사 결정이 가능한 방법을 제시하였다. 포커스 그룹 인터뷰를 통한 성과 측정 지표의 검토 결과, 성과측정 지표는 실현 가능성 및 중요성 측면에서 모두 의미 있는 것으로 판명되었다.

• 아태비즈니스연구
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• 제13권3호
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• pp.227-243
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• 2022

Purpose - This study surveyed real estate financial consumers and financial company staff regarding the components of the financial consumer protection system to seek detailed improvement plans for the Financial Consumer Protection Act. Design/methodology/approach - The Analytic Hierarchy Process (AHP) technique is applied. Findings - Both consumers and staff highly evaluated the importance of the preventive measures in the main classification factors. Regarding the sub-classification factors of preventive measures, consumers emphasized the responsible management of investment staff and financial institutions; however, the staff stressed the principle of effectiveness and efficiency. Regarding the elements of ex-post remedies, consumers answered that fast remedy would have a significant effect. At the same time, staff believed that punitive measures hinder free trading and investment activities. Regarding the sub-sub classification factors of prevention measures, the consumers value responsible management of staff and financial companies, while the staff tend to prefer the importance of the self-regulatory governance. Research implications or Originality - Based on the above results, financial regulatory authorities should find a balance between preventive and ex-post components once focusing on preventative measures. Our paper is one of the first research findings in this field of financial consumer protection system in Korea.

• 통상정보연구
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• 제15권4호
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• pp.217-240
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• 2013

한 미간 투자환경은 이전의 다자적 투자규범이나 BIT 협상단계 당시보다도 FTA 체결이후 더욱 개방적이고 투자보호 수준 또한 높아졌다. 이러한 성공요인은 무역자유화를 통한 시장 확대를 수반한 투자자유화 및 투자보호 강화와 이로 인한 투자유치 효과의 증대이다. FTA발효로 인한 무역전환효과로 인해 양자 간 투자는 급격히 증가 하였고, 이는 미국과 같은 거대 경제권과의 FTA발효를 통해 우리나라의 FTA네트워크가 확산되는 등 맞춤형 투자유치활동이 확대됨으로써 이루어진 성과이다. 향후 우리나라는 한 미FTA를 통해서 확보한 경쟁국 대비 선점효과를 극대화 할 필요가 있을 것이다.