• Title/Summary/Keyword: sanctions

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The Effectiveness of the Sanctions for Corporate Crime: Audit Review Evidence

  • Lee, Jeong-Mi
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.189-196
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    • 2016
  • In this paper, I propose monetary penalties imposed on firms sanctioned by the Financial Supervisory Service for fraudulent financial reporting in accounting and auditing enforcement release(FSS-sanctioned fraud firms) should be disclosed to the notes of financial statement of the firms. Disclosing to the notes of financial statement for FSS-sanctioned fraud firms is an effective way to inform all the related parties of the information which affects the value of the corporation. Even though monetary penalties can affect the value of the firms, however, this study suggests that monetary penalties imposed on the fraud firms have a question on the effectiveness of the sanctions. In addition, this study finds that the magnitude of the market reactions between the fraud firms imposed by monetary penalties and the fraud firms imposed by non-monetary penalties has no difference. Based on these results, the information of FSS-sanctioned fraud firms should be disclosed to the notes of financial statements to have the market react effectively.

The Effect of Economic Sanction against North Korea on North Korea-China Trade

  • Cho, Sung-Taek;Kim, Hyuk-Hwang
    • International Area Studies Review
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    • v.20 no.3
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    • pp.23-44
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    • 2016
  • This study attempts to scrutinize the effectiveness of the international economic sanction on North Korea by analyzing the determinants of the North Korea-China trade with Chinese Customs House data classified under general, border, processing, bonded warehouse. The result shows that after international economic sanctions, North Korea-China trade was increased across types of trade. In particular, sanction-sensitive items were increased after sanctions and China also weakened the effectiveness of sanctions. To put it concretely, North Korea's food and fuel imports from china increased in processing and border trade. In the case of luxury good, it was increased in general trade. Strategy goods (weaponry) increased only in bonded warehouse trade. For China's import from North Korea, food and fuel were increased in total, border and bonded warehouse trade. Considering the features of each type of trade, these increase are presumed to have been playing a decisive role in weakening the effect of international sanction on North Korea.

Adverse Inferences as Sanctions in International Arbitration

  • Jung Won Jun
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.107-128
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    • 2023
  • International arbitration is a widely preferred alternative dispute resolution mechanism for many desirable characteristics, such as, party autonomy, procedural flexibility, ability of parties to select their arbitrators, as well as, finality of arbitral awards, among others. However, because arbitral tribunals derive their authority and jurisdiction from the parties' agreement(s) to arbitrate their dispute(s), arbitral tribunals lack coercive powers that national courts have. At times, arbitral tribunals have to deal with circumstances of non-production and/or spoliation of evidence, and due to the lack of coercive authority, it may be challenging to compel such recalcitrant parties to produce the relevant evidence and/or witnesses. Therefore, adverse inferences drawn against the recalcitrant parties may be the most effective sanctions. This article explores the sources of authority for arbitral tribunals to make such adverse inferences and argues for a precise set of rules or standard to be consistently applied by the arbitral tribunals in order to increase predictability in arbitral proceedings. Additionally, some of the critical issues when considering adverse inferences as sanctions are discussed.

A Moral-Belief Model for Deterring Non-Work-Related Computing in Organizations

  • Tserendulam Munkh-Erdene;Sang Cheol Park
    • Asia pacific journal of information systems
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    • v.29 no.4
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    • pp.644-672
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    • 2019
  • Negative consequences incurred from employees' non-work-related computing (NWRC) have been one of the security-related issues in information intensive organizations. While most studies have focused on the factors that motivate employees to engage in NWRC, this study examines the mediating effect of moral beliefs on the relationship between sanctions and NWRC using a moral beliefs-based model. The research model posits that the formal (i.e., punishment severity and detection certainty) and informal sanctions (subjective norms and descriptive norms) enhance employees' moral beliefs against NWRC intention. From a cross-sectional scenario-based survey involving 176 employees working at banks in Mongolia, our results indicate that moral beliefs fully mediate the relationship between detection certainty/subjective norms and NWRC intention and act as a partial mediator in the relationship between descriptive norms and NWRC. The findings from this study present empirical evidence that both informal and formal sanctions could be an effective deterrent for NWRC intention through employees' moral beliefs.

To ensure transparency in the implementation of national R&D Sanctions(refunds, participation restrictions) Research (국가연구개발 사업비 집행의 투명성 확보를 위한 제재조치(환수, 참여제한)에 관한 연구)

  • Noh, Sang-Kyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.8
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    • pp.433-440
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    • 2018
  • As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.

North Korea, Apparel Production Networks and UN Sanctions: Resilience through Informality (북한 의류 생산네트워크와 UN 제재)

  • Lee, Jong-Woon;Gray, Kevin
    • Journal of the Economic Geographical Society of Korea
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    • v.23 no.4
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    • pp.373-394
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    • 2020
  • The strengthening of multilateral international sanctions against North Korea has raised questions as to how effective they are in exerting pressure on the country's economy. In this paper, we address this question by examining their impact on the country's integration into regional and global apparel production networks. North Korea has in the past decade become an increasingly competitive exporter of apparel on the basis of consignment-based processing arrangements. Official trade data shows a sharp drop in North Korean exports of clothing since the sectoral ban in 2017. There is evidence to suggest, however, that exports have continued on a more informal and clandestine basis. North Korea's integration into apparel production networks has also taken the form of the dispatch of workers to factories in China's northeastern border regions. Yet there is evidence that the recent sanctions imposed on such practices has similarly led to illicit practices such as working on visitors' visas, often with the help of Chinese enterprises and local government. The resilience of North Korea's integration into apparel production networks follows a capitalist logic and is result of the highly profitable nature of apparel production for all actors concerned and a correspondingly strong desire to evade sanctions. As such, the analysis contributes to the literature on sanctions that suggests that the measures may contribute to emergence of growing informal and illicit practices and to the role of the clandestine economy.

A Study on the Imposition of Sanctions on Illegal Use of Government R&D Expenses (정부연구개발비 유용행위 시 제재부가금에 관한 연구)

  • Noh, Sang-Kyun;An, Eun-Sook;Hyun, Byung-Hwan
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.12
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    • pp.854-862
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    • 2018
  • The Government R&D budget for 2019 exceeded 20 trillion won in order to develop future growth market such as basic research investment and creation of growth engine. As such, the importance of R&D investment is increasing, and various schemes for enforcing efficient and transparent business expenses are being expanded. However, research expenses (Charge ratio) such as fraudulent execution of funds are continuously being generated, and a system of imposition of sanctions is being introduced. In this paper, the legal grounds of sanctions, comparative review of laws and regulations between the ministries, and the criteria of imposition (imputation) were analyzed. In addition, since the amendment of the standard for imposing the intergovernmental surcharges, a single standard has been applied, and the transition process of the surcharging system has been reviewed. As a result of the data analysis, it was found that they focused on micro - utility activities and suggested new policy measures corresponding to them. The Korea Academia-Industrial cooperation Society. The Korea Academia-Industrial cooperation Society.

The Systematic Structure of the Customs Act and Criminal Sanctions (관세법과 형벌체계의 구조)

  • 이경호
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.2
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    • pp.141-165
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    • 1999
  • The Customs Act provides for a general rule all goods entering Korea shall be subject to customs duties as set in the customs tariff schedules as other fees and taxes determined except those excluded by virtue of the Customs Act or intentional agreements. Importation begins from the time carrying vessel or aircraft enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties. Imported articles may be categorized into prohibited importations, dutiable importations and conditionally free importation. Some other articles are qualifiedly prohibited, meaning they can enter the country after compliance with certain conditions. If there is any conduct violating these act, criminal sanctions may be imposed for the prevention and suppression of smuggling and other frauds, and the enforcement of tariff and customs act. As a result importers who intentionally violates Korea Customs Act may be subject to criminal prosecution. Many major provisions of customs act have imposed severe sanctions for customs crimes in comparison with other crimes due to general rule of criminal law. There is a great deal of activity in Pusan area relating to smuggling of narcotics and prohibited drugs, obscene articles and weapons. On one side, criminals who seek to profit by narcotics or drug threaten public health and human environment, On other side, weapon smuggling is a significant threat to our national security. However the studies on customs crime and customs act have not been viewed. Thus this Article overviews especially the customs crime and criminal sanction focused on domestic customs act.

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Internal and External Factors of Knowledge Leakage Intention: From Tacit Knowledge Perspective (지식유출 의도의 내재적 및 외재적 요인에 대한 연구: 암묵적 지식 관점에서)

  • Kim, Yong-Tae;Koo, Yunmo;Lee, Jae-Nam
    • Knowledge Management Research
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    • v.20 no.4
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    • pp.75-97
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    • 2019
  • In the rapidly changing business environment, knowledge has been recognized as a core asset for sustaining an organization's competitive advantage. In addition, knowledge sharing is one of the key elements of knowledge management, emphasizing external knowledge sharing beyond initial internal knowledge sharing. However, while knowledge management research emphasizes knowledge sharing, which is a positive aspect, research on preventing knowledge leakage that can have negative consequences is relatively lacking. Companies have tried to minimize the negative effects of knowledge management but many knowledge leakage accidents are still occurring. Therefore, this study aims to examine the effects of external factors based on deterrence theory and internal factors based on self-determination theory on knowledge leakage intention focusing on tacit knowledge. The results of the empirical analysis of 100 data sets collected through a scenario-based survey show that certainty of sanctions, social disapproval, and competence are found to have a significant effect on reducing tacit knowledge leakage intention. Furthermore, informal sanctions have a greater impact on tacit knowledge leakage intention than formal sanctions and external factors have a greater effect on tacit knowledge leakage intention than internal factors.

The Causal Relationship between Information Security Countermeasures and Information System Misuse (정보보안대책과 정보시스템 오남용과의 인과적 관계)

  • Lee, Joontaik;Kim, Sanghoon
    • Journal of Information Technology Services
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    • v.14 no.4
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    • pp.81-104
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    • 2015
  • Intentional information systems (IS) misuse is a serious problem in many organizations. This study aims at developing the theoretical framework of deterring IS misuse on the basis of Nagin's General Deterrence Theory (GDT) which is very famous in the area of socio-criminology. Applying GDT to the IS misuse situation could be reasoned that the perceived certainty and the perceived severity of sanctions associated with committing IS misuse have positive impact on deterring the deviant behaviors. Also, these two constructs (certainty of sanctions and severity of sanctions) could be inferred to be influenced by the four types of IS security countermeasures (security policies, security awareness program, monitoring practices and preventive security software) derived through critically reviewing IS security-relevant literature. The proposed research model and ten hypotheses were empirically analysed using structural equation modelling with the data collected by conducting a questionnaire survey of staff members in business organizations in Korea. As a result, it was found that five ones of ten hypotheses were supported. It is thought that this study makes theoretical contribution to expanding research area of IS security and also has strong implications for IS security management practices within organizations.