• Journal of Arbitration Studies
• /
• v.30 no.2
• /
• pp.91-120
• /
• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.12 no.1
• /
• pp.25-31
• /
• 2017

The objective of this study is to find the failure factors of venture companies. We analyze 210 troubled venture companies, all of which have been under guarantee from the Korea Technology Finance Corporation over the last three years. Methods of analysis for failure factors are as follows. First, we categorize the failure factors into the four different types based on growth and profitability indicators in the financial statements of targeted venture companies. Then we analyzed the failure factors of the subject companies based on the troubled guarantee reports made by the Korea Technology Finance Corporation. If a venture company under its guarantee program falls into insolvency, the Korea Technology Finance Corporation make the troubled guarantee report to find out the failure factors and evaluate the recovery potentials. We identify 374 failure factors of venture companies through the analysis. The most prominent among them are deteriorating of business environments (79 factors) and decreasing or withdrawing orders from major suppliers (54 factors) due to bankruptcies or change in business plans. They are followed by slowing collection of accounts receivable (31 factors), dropping or frozen product price (24 factors) due to intensifying competition and escalating pressures from major suppliers, rising raw material costs both at home and abroad (21 factors). In addition, the nuclear power plant disaster in Japan, shut-down of the Kaesong Industrial Complex and subsequent lawsuits, delay in technology development projects, high cost-low efficiency management structure, etc., are also revealed as new factors causing trouble for venture companies.

• Journal of Intelligence and Information Systems
• /
• v.25 no.3
• /
• pp.63-88
• /
• 2019

The goal of this paper is to investigate changes in North Korea's domestic and foreign policies through automated text analysis over North Korea represented in South Korean mass media. Based on that data, we then analyze the status of text mining research, using a text mining technique to find the topics, methods, and trends of text mining research. We also investigate the characteristics and method of analysis of the text mining techniques, confirmed by analysis of the data. In this study, R program was used to apply the text mining technique. R program is free software for statistical computing and graphics. Also, Text mining methods allow to highlight the most frequently used keywords in a paragraph of texts. One can create a word cloud, also referred as text cloud or tag cloud. This study proposes a procedure to find meaningful tendencies based on a combination of word cloud, and co-occurrence networks. This study aims to more objectively explore the images of North Korea represented in South Korean newspapers by quantitatively reviewing the patterns of language use related to North Korea from 2016. 11. 1 to 2019. 5. 23 newspaper big data. In this study, we divided into three periods considering recent inter - Korean relations. Before January 1, 2018, it was set as a Before Phase of Peace Building. From January 1, 2018 to February 24, 2019, we have set up a Peace Building Phase. The New Year's message of Kim Jong-un and the Olympics of Pyeong Chang formed an atmosphere of peace on the Korean peninsula. After the Hanoi Pease summit, the third period was the silence of the relationship between North Korea and the United States. Therefore, it was called Depression Phase of Peace Building. This study analyzes news articles related to North Korea of the Korea Press Foundation database(www.bigkinds.or.kr) through text mining, to investigate characteristics of the Kim Jong-un regime's South Korea policy and unification discourse. The main results of this study show that trends in the North Korean national policy agenda can be discovered based on clustering and visualization algorithms. In particular, it examines the changes in the international circumstances, domestic conflicts, the living conditions of North Korea, the South's Aid project for the North, the conflicts of the two Koreas, North Korean nuclear issue, and the North Korean refugee problem through the co-occurrence word analysis. It also offers an analysis of South Korean mentality toward North Korea in terms of the semantic prosody. In the Before Phase of Peace Building, the results of the analysis showed the order of 'Missiles', 'North Korea Nuclear', 'Diplomacy', 'Unification', and ' South-North Korean'. The results of Peace Building Phase are extracted the order of 'Panmunjom', 'Unification', 'North Korea Nuclear', 'Diplomacy', and 'Military'. The results of Depression Phase of Peace Building derived the order of 'North Korea Nuclear', 'North and South Korea', 'Missile', 'State Department', and 'International'. There are 16 words adopted in all three periods. The order is as follows: 'missile', 'North Korea Nuclear', 'Diplomacy', 'Unification', 'North and South Korea', 'Military', 'Kaesong Industrial Complex', 'Defense', 'Sanctions', 'Denuclearization', 'Peace', 'Exchange and Cooperation', and 'South Korea'. We expect that the results of this study will contribute to analyze the trends of news content of North Korea associated with North Korea's provocations. And future research on North Korean trends will be conducted based on the results of this study. We will continue to study the model development for North Korea risk measurement that can anticipate and respond to North Korea's behavior in advance. We expect that the text mining analysis method and the scientific data analysis technique will be applied to North Korea and unification research field. Through these academic studies, I hope to see a lot of studies that make important contributions to the nation.