• Title/Summary/Keyword: Foreign Investor

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Investment Tendency of Foreign Investor and Accounting Conservatism (외국인투자성향과 회계보수주의)

  • Ji, Sang-Hyun;Ryu, Ye-Rin
    • Journal of Digital Convergence
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    • v.17 no.3
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    • pp.153-160
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    • 2019
  • This paper analyzes the impact of investment tendency of foreign investor on accounting conservatism. We use the sample of 1,527 firm-year Korea listed companies belonging to non-financial corporate sector during 2014-2016. The results of empirical analyses show that investment horizons of foreign investors has a positive relevance with accounting conservatism. This result indicates that the firm have a long-term foreign investors has a good quality of accounting earning than the firm have a short-term foreign investors. This study that verified the relevance between investment tendency of foreign investor and accounting conservatism is expected to provide useful information by suggesting the need for more incentive for the long-term foreign investors. And we expect a follow-up study focused on the discriminative effect of investment tendency of foreign investor on accounting policy.

The Problems and Countermeasures of the Investor-State Dispute Settlement Mechanism (투자자-국가간 분쟁해결제도의 문제점과 대응방안)

  • HONG, Sung-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.68
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    • pp.89-121
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    • 2015
  • Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

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The Effect of firm-specifics on forecast accuracy: The case of IPO firms in Korea (코스닥 신규상장 기업의 특성에 따른 재무분석가의 이익예측력에 관한 연구)

  • Jeon, Seong il;Lee, Ki se
    • Knowledge Management Research
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    • v.13 no.5
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    • pp.1-13
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    • 2012
  • This study investigates whether firm-specifics affect forecast accuracy using a sample of IPO firms in Korea. The forecasts accuracy can be differentiated depending on firm specifics. This study uses the foreign investor, intangible asset and patents as firm specifics. The analysts are divided into two groups by firm-specifies(foreign investors ratio of low and high, intangible asset ratio of low and high, patents of acquisition) and also examine the degree of analysts's forecast accuracy over the two groups. and examined the degree of the analysts' forecast accuracy over the two groups. The sample is composed of 460 IPO (Initial Public Offering) firms listed on the KOSDAQ (Korean Securities Dealers Automated Quotations) for the period from 2001 to 2009. The analysts' forecast accuracy is much higher in the group of high foreign investor but is lower in the group of high intangible assets and patents. Also, the group of high foreign investors respectively interacts with group of high intangible assets ratio and group of patents of acquisition. In result, The analysts' forecast accuracy is higher because foreign investor is decreased information asymmetry. This study compares suggests that patents may be helpful for predicting forecast accuracy.

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A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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The Current Status and New Regulatory Arrangements of the Enforcement of Commercial Arbitration Awards in China from the Foreign Investor's Perspective (중국에서의 상사중재판정 집행에 관한 동향과 제도개선 연구 : 외국투자자 관점을 중심으로)

  • Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.133-167
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    • 2010
  • The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

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A Study on Matters to be Attended when Drafting National Treatment Clause in International Investment Treaty (투자협정상 "내국민대우(National Treatment)" 조항 작성시 유의사항에 관한 연구)

  • Oh, Won-Suk;Seo, Kyung;Li, Jing-Hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.519-544
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    • 2011
  • Clauses on national treatment in the bilateral investment treaties including FTA state that, the foreign investor and his investments are 'accorded treatment no less favourable than that which the host state accords to its own investors'. Hence the purpose of the clause is to oblige a host state to make no negative differentiation between foreign and national investors when enacting and applying its rules and regulations and thus to promote the position of the foreign investor to the level accorded to nationals. As a matter of legal drafting technique, while the basic clause is generally the same, the practical implications differ due to more or less wide-ranging exemptions of certain business sectors. It is generally agreed that the application of the clause is fact-specific. This paper deals with problems in drafting clauses on national treatment in practice, introduces several considerations to adjust the level of national treatment, so it can be made more represents the interest of our country.

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A Study on the ICSID Arbitration Cases for Determination Standards of Indirect Expropriation (간접수용의 판단기준에 관한 ICSID 중재사례 연구)

  • Oh, Won-Suk;Hwang, Ji-Hyeon
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.65-86
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    • 2015
  • Under current international investment law clear criteria to determine standards of indirect expropriation are absent. Arbitral tribunals determine on a case-by-case whether an indirect expropriation has occurred by conducting a fact-based inquiry. However, three common determination standards can be inferred by analyzing prior arbitration cases. The appropriate analytical framework that can be applied to determine whether a state's measure constitutes an indirect expropriation is as follows. i) the degree of economic invasion of the state's action into the foreign investor's property rights and durability of the period, ii) interference with the foreign investor's distinct and reasonable investment-backed expectations, and iii) the nature, purpose and character of the state's measure. Therefore, it is necessary to fully acknowledge and to utilize strategically this determination standard. However, derived standards cannot be applied to all disputes en masse. So, it is desirable to exclude ambiguity and to clearly define the determination standard of indirect expropriation in investment agreements, since arbitral tribunals can apply different determination standards on a case-by-case basis. And, based on the discussions until now, more developed standards and direction in response to demand should be established through consistent analysis and review of precedents related to indirect expropriation. Lastly, This study is expected to be a useful guideline to prepare a necessary countermeasure to prevent dispute related to indirect expropriation beforehand or in case of dispute occurrence.

Analysis about relation of Won/Dollar Foreign Exchange Rate and Interest Rate of Korea (IMF 전후기간의 원/달러환율과 금리에 대한 실증분석)

  • Kim, Jong-Gwon
    • Proceedings of the Safety Management and Science Conference
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    • pp.569-579
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    • 2005
  • International capital movement has made progress at global liberalization of finance and foreign exchange, international monetary norm changing into floating exchange rate system, easiness of collection of information and trade at improvement of information communication technology from early of 1970's. Results of empirical test for relation between foreign exchange rate or various determination factors of foreign exchange rate and interest rate are followed by next sentences. First, according to relation between foreign exchange rate and interest rate, correlation for each of variables after OECD entrance is increased. 'But, long-term & short-term interest rate is affected by Hanbo & Kia's bankruptcy, continuous large scale coporates bankruptcy and crisis of foreign exchange. Therefore, financial instability is occured. If portfolio investment fund has been inflow as it is mollified by continuous shortage of foreign exchange and fall of country's credit rating, it is expected to have positive effect for long-term & short-term interest rate from appreciation of won against dollar. Second, results from relation between determination factor of foreign exchange rate and interest rate are followed by next sentences. If surplus of current account and goods account is continued, yield of corporate bond is to be stable. But, margin of surplus is expected to diminish after second quarter 98, and difference between external and domestic interest (after adjusting foreign exchange rate) is to be diminished. And if net inflows of foreign investor's fund (stock and bond) is diminished, it is to have negative effect for yield of corporate bond. According to foreign investor's investment movement of previous years, hedge fund were stayed at least during two years in Mexico. It means that sudden capital outflow is not to be happened at Korea.

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Analysis about relation of Won/Dollar Foreign Exchange Rate and Interest Rate of Korea (한국 원/달러환율과 금리의 관계분석)

  • 김종권
    • Proceedings of the Safety Management and Science Conference
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    • pp.305-319
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    • 2002
  • International capital movement has made progress at global liberalization of finance and foreign exchange, international monetary norm changing into floating exchange rate system, easiness of collection of information and trade at improvement of information communication technology from early of 1970's. Results of empirical test for relation between foreign exchange rate or various determination factors of foreign exchange rate and interest rate are followed by next sentences. First, according to relation between foreign exchange rate and interest rate, correlation for each of variables after OECD entrance is increased. But, long-term &short-term interest rate is affected by Hanbo & Kia's bankruptcy, continuous large scale coporates bankruptcy and crisis of foreign exchange. Therefore, financial instability is occured. If portfolio investment fund has been inflow as it is mollified by continuous shortage of foreign exchange and fall of country's credit rating, it is expected to have positive effect for long-term & short-term interest rate from appreciation of won against dollar. Second, results from relation between determination factor of foreign exchange rate and interest rate are followed by next sentences. If surplus of current account and goods account is continued, yield of corporate bond is to be stable. But, margin of surplus is expected to diminish after second quarter 98, and difference between external and domestic interest (after adjusting foreign exchange rate) is to be diminished. And if net inflows of foreign investor's fund (stock and bond) is diminished, it is to have negative effect for yield of corporate bond. According to foreign investor's investment movement of previous years, hedge md were stayed at least during two years in Mexico. It means that sudden capital outflow is not to be happened at Korea. But if external factors from depreciation of yen and China's renminbi are instable, interest rate is expected to increase from capital's outflows. Third, if it is to decrease instability of foreign exchange rate from increase in surplus of future current account, credit rating's upwardness, stability of yen and renminbi, foreign exchange rate is expected to be stable. It is expected to have continuous stability from short-term interest rate to long-term interest rate in this empirical test.

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Global Financial Crisis and the Monitoring Role of Foreign Investors (글로벌 금융위기와 외국인투자자의 감시자 역할)

  • Rhee, Chang Seop;Chun, Hong-min;Soh, Seung Bum
    • The Journal of the Korea Contents Association
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    • v.19 no.9
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    • pp.233-241
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    • 2019
  • The purpose of this study is to empirically analyze whether the influence of foreign investors from the monitoring role in Korean capital market is observed differently in accordance with the global financial crisis situation. We collected a total of 2,919 firm data from 2003 to 2015 and performed the empirical tests between foreign investor ownership and firms' cost of equity capital separately according to the situation of the global financial crisis. From the empirical results, foreign investors in general were playing a positive function in the Korean capital market by effectively performing the monitoring role for companies. However, we observed that their monitoring role is not effectively performed when the risk level of capital market is maximized, such as during the global financial crisis. The study suggested that the influence of foreign investors may vary depending on the level of risk in the capital market, which is expected to contribute to the market participants and academia.