• Title/Summary/Keyword: legal framework

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Where do Entrepreneurial Opportunities come from? Schumpeter's Idea and Stakeholder Theory Framework (창업 아이디어는 어디에서 오는가? 슘페터의 생각과 이해관계자 이론체계)

  • Lee, Ju-Heon
    • Korean Business Review
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    • v.23 no.1
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    • pp.17-44
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    • 2010
  • Even though it is generally recognized that entrepreneurship is complex socio-economic phenomena and entrepreneurial opportunities can be created from economic, social, technological, political and legal forces, entrepreneurship has been discussed in very narrow economic terms and focusing on narrow economic relationships such as consumers, suppliers, owners and employee. However, recently, a lot of researchers talk about social entrepreneurship. How can we explain social entrepreneurs? In our paper, employing stakeholder theory, we try to offer more realistic model to understand entrepreneurial opportunities. We claim that entrepreneurial exploitations can be successful only when entrepreneurs can identify ex post stakeholder inefficiencies. Thus, our efforts focus on the question of where, when, and how stakeholder inefficiencies occur?

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A Study on the Transition of Architectural Engineering Education in the USA, 1890-1950 -With the Professionalization of Architectural Discipline- (미국(美國) 건축공학(建築工學) 교육(敎育)의 전개(展開), 1890-1950 -건축(建築) 관련분야(關聯分野)의 전문화과정(專門化過程)과 연결하여-)

  • Ryu, Jeon-Hee
    • Journal of architectural history
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    • v.8 no.2 s.19
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    • pp.73-85
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    • 1999
  • An analysis of the courses from American architectural institutions during the period of $1890^{\sim}1950$ reveals an emergence of a distinction between a purely architectural and an architectural engineering discipline. A reflection of the economic growth, industrialization and urbanization of a nation; the education of the American architect during that period assumed a professional character. In contrast to European technical institutions which concentrate on the engineering aspects of architecture, American institutions developed a more comprehensive, design oriented curriculum within the framework of the American university system. The establishment of a system of formal education for architects and architectural engineers, replacing the tradition of apprenticeship, made it possible to train future professionals according to their ideals. But the objectives, contents and products of these curricula took on divergent characteristics from institution to institution. The growth of legal regulations( ie. ACSA, NAAB, NCARB, ASEE, etc.) governing the registration of architects and engineers, emphasized the legitimate concern within the profession to determine an acceptable standard of professional education. Such regulatory standards influenced the transition of architectural engineering education in institutions including the case of MIT. As a result, the ambivalence in architectural engineering programs found specific resolution in programs, such as architectural engineering, building engineering, construction or civil engineering.

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Enforcement of Arbitral Awards Incompatible with the Korean Procedural Framework

  • Lim, Sue Hyun
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.67-94
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    • 2020
  • This paper examines the current enforcement regime of Korea and provides an overview of the same with focus on the changes before and after the 2016 revision of the Korean Arbitration Act. It briefly studies the pro-arbitration bias of the New York Convention, as well as the Korean judiciary's stance on the enforcement of foreign arbitral awards. Some of the substantial issues discussed in the paper include the major procedural changes brought about by the 2016 amendment with respect to the enforcement of arbitral awards. The paper also discusses the rare instances where the Korean judiciary refused to recognize or enforce an arbitral award, and the reasoning behind the refusal. The paper discusses and analyzes four court judgments that reflect the Korean judiciary's position on the enforcement of foreign and domestic arbitral awards in Korea. It focuses on the NDS v. KT Skylife case, where the court of first instance refused the enforcement on grounds that the relief granted by the arbitral tribunal was not specific enough for enforcement. Ultimately, the appellate court, although agreeing on the specificity requirement, reversed the ruling and granted an enforcement judgment on grounds that the application for enforcement had the legal interest to request an enforcement judgment.

Promotion of Fintech Application for the Modernization of Banking-Finance System in Vietnam

  • NGUYEN, Dat Dinh;DINH, Hoang Cong;NGUYEN, Duy Van
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.6
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    • pp.127-131
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    • 2020
  • In today's financial industry, Fintech (financial technology) has showed its role of an innovation-driving area, which can bring outstanding changes to the traditional financial market. This article will briefly introduce Fintech as well as its development in Vietnam. Besides, the research also provided a survey on experts' opinions on the challenges to the promotion of Fintech application for the modernization of the banking-finance system in Vietnam. The survey results of 40 experts in banking with knowledge of Fintech identify five challenges faced by Fintech companies in Vietnam: (1) legal corridor; (2) infrastructure; (3) Fintech companies; (4) customers; and (5) human resources. From these five challenges/barriers, there are 14 detailed aspects. The results of the expert survey using descriptive statistics show that all five factors are assessed to be low and need to be better addressed in the future. The authors suggest several solutions for further development of Fintech to support the modernization of the banking-finance system in Vietnam: (1) quickly complete the regulatory framework; (2) introduce policies on tax exemption; (3) promote research and application of the benefits of block-chain technology; (4) utilize the abilities of the human resources; and (5) actively promote and popularize knowledge about Fintech.

Regional Trade Agreements : Exceptions to the MFN Principle in the GATT/WTO System

  • PAK, In-Sop
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.68
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    • pp.171-195
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    • 2015
  • The large increase in RTAs since the late 1980's has challenged the foundations of the multilateral trading system, and thereby has become an axis in the GATT/WTOsystem.While RTAs can be seen to be contradictory to the overall aim of the WTO, they were allowed for in Article XXIV of GATT conditional to certain provision. The failure of compliance and subsequently enforcement of these provisions could be seen as a serious flaw of Article XXIV since the inception of GATT system. Many elements of GATT Article XXIV are not clear and thus lead to divergent interpretations of its disciplines. This considerable divergence in opinions arise from both ambiguities throughout the provisions under GATT Article XXIV. In this regard, both economic and legal work is required to keep up with constantly changing nature of the world trading system. Further, global efforts are required to resolve another teething issue of WTO's problematic institutional framework on GATT/WTO's oversight and surveillance of RTAs. and thereby strengthen the multilateral trading system. Needless to say, theGATT/WTOframework has been essential in paving the way for RTAs while ensuring a more multilateral and liberal trading system. Consequently, global efforts should be made to restructure the WTO for the renewed multilateral trade liberalization in the GATT/WTO.

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Study on the Institutional Limitations and Improvements for Effective Management of Coastal Wetlands (국내 연안습지 보전 정책의 법제도적 한계와 개선방향 고찰)

  • Yook, Keunhyung
    • Journal of Wetlands Research
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    • v.15 no.4
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    • pp.477-484
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    • 2013
  • In 1999, Wetlands Conservation Act was enacted for the domestic implementation of the Ramsar Convention in Korea. According to the Act, wetlands have been managed by the Ministry of Environment and the Ministry of Oceans and Fisheries(MOF). In the field of coastal wetland of which MOF is in charge, starting with the designation of Muan coastal wetlands as protected area in 2001, there are 12 wetland conservation areas up to $218.96km^2$. Even though there has been rapid growth of protected areas, it is time to give attention to the effective implementation of wetland conservation policies. This study aims to analyze institutional and operational problems related to wetland management and give some recommendations for the improvement of the wetland conservation policy and legal framework.

A Study on the Commercial Franchising in China - Focus on the Baojing Case - (중국의 프랜차이즈계약에 관한 연구 - 보경사건을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.49-68
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    • 2015
  • In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

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Multinational Management in Shipping : Flag of Convenience (해운의 다국적 경영 : 편의치적)

  • Kim, Eun-Joo;Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.24
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    • pp.51-72
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    • 2004
  • Over the past fifty years, the share of the World's shipping fleet operating under open registry has grown from 4 % to almost half of the total tonnage. While there has been strong opposition based on the costs of maritime disasters and opposition both from the traditional maritime nations, which have suffered erosion of their fleets, and from labour unions, which point to worker exploitation, the shipping companies have found the greater operational and financial flexibility which accompanies open registry to be a considerable attraction The paper consists of seven sections. Section 1 explains the background and of the study. Section 2 reviews the characteristics and definition of FOC. Section 3 is to identify ship register categories and their competitive conditions. Section 4 tackles the emerging forces of globalisation-the advent of FOC. Section 5 deals with legal maritime framework. Section 6 tackles the current structure and characteristics of FOC vessels. Some concluding comments follow in the last section.

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Rethinking Global Convergence in Bank Regulation (은행규제의 세계적 수렴에 대한 고찰)

  • Pak, In-Sop
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.195-262
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    • 2007
  • This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.

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An Investigative Treatise on the Success Story of Women Entrepreneurs in Tribal Areas of India

  • POTLURI, Rajasekhara Mouly;JOHNSON, Sophia;ULLAH, Rahat
    • The Journal of Industrial Distribution & Business
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    • v.11 no.9
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    • pp.17-24
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    • 2020
  • Purpose: The purpose of this research is to explore the continuum of reasons and skills employed by tribal Indian women entrepreneurs to establish their successful businesses in terrorist affected areas. Research design, data and methodology: After an extensive literature review on women's entrepreneurship and their situations in disturbed areas, a qualitative research method was applied, and researchers conducted well-structured personal interviews to collect data from fifty respondents selected by using random and convenience sampling. Results: This study has identified the range of reasons for the successes of tribal women entrepreneurs. These are strict compliance with tribal culture and restrictions imposed by different stakeholders and the establishment of social networks and support from local communities and with their indefatigable and indomitable perseverance to proffer basic sustenance for their families. Conclusions: A minimum sample was selected from the Andhra-Odisha Border (AOB) areas due to security concerns. The research depicts the tribal Indian women entrepreneurs' grit and remorseless nature in overcoming impediments from the socio-cultural, economic, political, and legal framework of the country. This research is a gallant effort taken up by the authors, which is the first of its kind to visit as well as to conduct primary research in disturbed areas like the Andhra-Odisha Border in India.