• Title/Summary/Keyword: Investment Protection

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A Study on the Application Scope of Most-Favored Nation Treatment in the FTA Investment Provisions Based on the Arbitral Award Cases (FTA투자규정에 있어서 최혜국대우 조항의 적용범위에 관한 중재판정 사례연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.109-131
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    • 2010
  • Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

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Mitigating the Partner Uncertainty for Venture Firms in Cross-border Corporate Venture Capital Investment (국제 기업벤처캐피탈 투자에서 벤처기업의 파트너 불확실성 완화)

  • Kang, Shinhyung;Bae, Zong-Tae
    • 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.

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Trade Policies and Economic Growth

  • Kim, Byung-Woo
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2006.11b
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    • pp.371-396
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    • 2006
  • To see the implication of trade policy in endogeneous growth model, we introduce trade protection that takes the form of an import tariff and represents one plus the rate of protection provided to industry sector. We showed that considering goodness of fit of regression model, we can see that the empirical evidence is strongly in favor of the character of trade policies as the instrument spurring economic growth. As for import tariff, we see that 1% increase in the rate of tariff that protect domestic market causes the rate of growth to increase by 0.87%. An import tariff to final product significantly spurs product development and faster growth come as a result. But, we should note that the effects of trade policy are muted by the induced changes in the output of intermediates in an economy that is relatively unproductive in the research lab.

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A Study on the Activation of the Technology Trade to Changing Trade Environment - Focusing on the Intellectual Property Rights - (통상환경 변화에 따른 기술무역 활성화 방안 - 지식재산권을 중심으로 -)

  • Seo, Gab-Sung;Kim, Jong-Sung
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.165-188
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    • 2008
  • Some developed countries have already long been adapted to these changes in the international economic environment would improve productivity rather than traditional technology based on more high value-added business and increased investment. IPR protection is not just a national interest in the creation and growth of dimensions beyond the country's national competitiveness and a driving force to decide whether to challenge the core of the matter. Therefore, the importance of IPR in the country to raise awareness of IPR protection, and for systematic and comprehensive policy that will continue to be prepared.

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Labor Market Regulation and MNE's Production: Evidence from OECD Countries

  • Choi, Hyelin
    • Journal of Korea Trade
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    • v.23 no.4
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    • pp.115-130
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    • 2019
  • Purpose - This paper examines the impact of labor market regulations on FDI and the production of foreign firms. Design/methodology - We use an index of employment protection along with data on the FDI and production of foreign affiliates that are provided by the OECD. Findings - The empirical results show that strict employment protection discourages both the production and initial entry of foreign firms, with its impact on production being larger than that on the initial entry decision. The result is robust to various specifications in which instrumental variable estimations are used by applying a unionization rate and a severance pay for redundancy dismissal as instruments, respectively. Therefore, policymakers should not limit their focus to tax incentives, cash grants, and relaxation of market regulations, but they should also extend their attention to labor market deregulation and decreasing non-wage cost to attract more foreign firms into their countries. Originality/value - This paper attempts to answer the question on the impact of employment protection rules on the foreign firm's decisions regarding production as well as initial entry.

R&D Investment in Intermediate Goods Industry by Intellectual Property Rights Protection Policies and Policy Implications (지식재산권 보호정책에 의한 중간재 산업 R&D 투자 결정 모형 및 정책 함의)

  • Mee-Kyung Jung
    • Korea Trade Review
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    • v.46 no.4
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    • pp.205-217
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    • 2021
  • This paper examines the effects of intellectual property protection policies on upstream firms' R&D investments in order to derive policy implications in relation to the fostering of the intermediate goods industry. To that end, the dependence on import of intermediate goods and the degree of protection of intellectual property rights are introduced into the model to analyze the effects of R&D investments on the dependence on imports and the effects of intellectual property rights protection policies on the level of R&D investments in order and the social welfare effects are also checked. The policy implications derived in this paper, which used an oligopolistic market model with a vertical specialization structure, are as follows. As R&D investments expand, upstream firm begins to have price competitiveness, the dependence on import of intermediate goods by downstream firm decreases, and social welfare increases. That is, in order to strengthen the independence of the intermediate goods industry, R&D investments by upstream firm should be expanded, and to promote this, the government should strengthen the protection of intellectual property rights.

A Study on the ICSID Arbitration Cases for Fair and Equitable Treatment under International Investment Disputes - Focusing on the Protection of the Investor's Legitimate Expectations - (국제투자분쟁에서 공정·공평 대우에 관한 ICSID 중재사례 연구 - 외국인투자자의 정당한 기대 보호를 중심으로 -)

  • HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.195-216
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    • 2016
  • In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

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The Comparison on the Investigative Training between the Current Korean National Police and the Law Enforcement Agencies of U.S.A. and Germany (현 대한민국 경찰의 수사교육과 미국, 독일 수사기관과의 비교)

  • Kim, Dae-Sik;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.2 no.1
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    • pp.52-80
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    • 2007
  • In the rapidly changing current society, the Korean National Police(KNP) is facing a lot of demands from the citizens like the protection of subject/victim rights, independence of investigation authority, disclosure of actual truth, and prevention & eradication of crimes. It is widely recognized among the Korean people and the police that the KNP is always standing for the rights of the people and it is high time that the KNP should be restored as the pioneer for the protection of human right. In this situation, the tremendous emphasis is given on the importance of investment in investigative training through the long-term master-plan in order to renovate its constitution, to level up its quality, and to cope with the highly sophisticated crime patterns. Korean police have already shown its outstanding investigative skills of identification of the deceased throughout large cases like Daegu subway arson and tsunami in Southeast Asia. In addition, the skills of cyber crime investigation are highly recognized by foreign law enforcement agencies. However, the investigative skills and abilities are being degraded and the morale of the investigative personnel are falling due to the insufficiently of the finite training budget. Lack of financial support results in the lack of training program and poor training environment, which subsequently leads to the inefficiency of training. Additionally, no long-term budget for fostering specialized investigative agents is allotted. Considering the fact that more than 95% of crimes in Korea are being primarily investigated by the Korean police, we have to understand the importance of the police. By the tremendous investment in investigative training which can lead to the high-quality investigations, the Korean police can ultimately contribute to the protection of safety and life of its people.

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Review on improving measurement of cyber terror management system

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.6
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    • pp.89-96
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    • 2016
  • Damage and attack size of cyber terror is growing to the national size. Not only targeting at a certain companies or individuals but number of cyber terror targeting government bodies or unspecific people is increasing. This is because compared to traditional weapon, input cost is very cheap but ripple effect and shock are much stronger, affecting not only certain groups but also each individuals. 'Anti-terror measurement for protection of nation and public safety' passed last month is one of the renowned measurement passed regardless of objection from opposition party. The opposition party went against this through filibuster for 192 hours but this finally passed National Congress due to lack of oppositions. Korean government is taking post actions after passage of anti-terror measurement. Legislation of enforcement ordinance and regulations is due by 6th of next month. This regulation will be executed from June 4th after legislation. Whenever there is any security issues such as hacking of Korea Hydro and Nuclear Power and National Intelligence Service happens, lot of attention is made to those hackers. However, social recognition or management of those hackers need lot more improvement. Especially, as market of internet of things is increasing, there is an increased anxiety on information security. But as we only rely on security solutions, this problems are keep happening. Therefore, active investment on nurturing hackers who play the role of 'spear and shield' shall be made. Government should put more efforts to allow white hackers to show their abilities. We should have a policy for supporting high-quality programs such as BoB. To make information protection industry into future growth engine, it is necessary to nurture professionals for information protection and white hackers through special programs. Politicians should make related regulations as soon as possible to remove factors that prevent swift management of cyber attack due to lack of legislation. Government should pay lot more financial investment to nurturing professional manpower than now. Protecting life and asset of nation is responsibility and duty of our government. We all should recognize that controlling cyber attack is a part of national defense.

A Study on Economic Analysis for Hotel Introduction of Co-generation System (호텔에 열병합 도입에 따른 경제성 분석에 관한 연구)

  • 김응상
    • Journal of Energy Engineering
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    • v.11 no.3
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    • pp.210-215
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    • 2002
  • In respect of global environment protection and efficient utilization of energy, co-generation systems, which have greatly higher efficiency than the other generations, have been developed and put to practical use. Assuming that the co-generation system would be operating in Park Hotel, this paper calculates the difference between the heat and electricity rates by the conventional method and the co-generation system, considers the cost of new investment and analyzes introduction economics based on the return on investment. The introduction is turned out to be recommendable, since the return of investment for co-gen oration equipment is about ten years when the co-generation profits in heat and electricity rate. Additionally, accounting for interest rate drop, improvement of environmental matters or electricity rate increase, it is shown to be even more economical.