• Journal of Arbitration Studies
• /
• v.29 no.1
• /
• pp.71-89
• /
• 2019

When the host states do not comply with the investor-state arbitral awards voluntarily, it is difficult for the successful claimants to seek the enforcement of arbitral awards against the host state because of the doctrine of state immunity. This raises a question whether the investors might be able to seize the assets of the state-owned enterprises, as well as those of the host states. The investors might consider the properties held by state-owned enterprises as an attractive target especially when it has been established that the host state is responsible for the act of its state-owned enterprise. In such case, the investor might argue that the close relationship between the state-owned enterprise and the host state has already been recognized so that the commercial assets of the state-owned enterprise could be subject to attachment. On the other hand, the host state might argue that the state-owned entity exists separately from the state, and thus its assets cannot be equated with those of the host state. Moreover, even if this argument is not accepted and, as a result, the properties of the state-owned entity is equated with those of the host state, the host state might still be able to argue that non-commercial assets of the state-owned enterprise are immune from execution.

• KDI Journal of Economic Policy
• /
• v.14 no.2
• /
• pp.3-27
• /
• 1992

In 1988, the government provided to the low income people 34.1% of the stocks of Pohang Iron & Steel Company through the People's Share Program of Privatization for the first time, and then in 1989 21% of the share of the Korea Electric Power Corporation were also provided to the low income classes through the same way. The purpose of the People's Share Program was known to be to support the low income classes through participating the profit of public enterprises, and also to expand the capital market through the diversification of stock holding structure. Initially, the government planned that the government share of enterprises such as the Citizens National Bank, the Korea Telecommunication Authority would be sold to the low income classes through the People's Share Program step by step. The income support policy, however, was no longer driven after 1989 when the overall stock prices started to decline. In this paper we tried to measure the effect of the privatization scheme of the public enterprises through the People's Share Program. The problems of the People's Share Program of the Pohang Iron & Steel Commpany and the Korea Electric Power Corperation were also identified. Several implications of the privatization scheme of the public enterprise through the People's Share Program by stages were found. The People's Share Program was found to be a non-stable policy measure for the income support of low income classes. The efficiency impact of the privatization through the People's Share Program was found to be non-significant.

• Proceedings of the Korea Water Resources Association Conference
• /
• 2021.06a
• /
• pp.365-365
• /
• 2021

기후변화로 인하여 발생하는 자연재해는 수많은 인명 및 재산 피해를 일으키며, 그 중에서도 가뭄은 물과 식량의 안보를 위협하고 있다. 이에 OECD(2015)는 미래의 세계 인구 40%가 2050년까지 물이 부족한 강 유역에서 살 것이라 예측하고 있으며, 물의 다층적 거버넌스를 개발하여 물을 효과적으로 사용하기 위한 상향식 의사결정, 통합물관리 체제의 개념을 제시하기도 하였다. 우리나라 역시 가뭄으로 인한 피해발생이 빈번하고, 그 강도나 범위가 점차 증가하는 추세이다. 하지만 2000년부터 한국농어촌공사(출범은 '농업기반공사')가 농업용수를 관리해오고 있으며, 농업용 수리시설의 증축, 관리 등이 공적인 관리쳬계로 변화해오면서 자연스럽게 농업인의 물관리는 배제되었다. 또한, 농업용수는 무상·무제한 공공재라는 인식과 농업인 평균 연령이 높아짐에 따라 농업인의 물꼬관리 및 수로 훼손, 무단취수 행위 등에 대한 제제가 불가능한 실정이다. 본 연구에서 최근 농식품부의 「2019년 정부가뭄종합대책」에 포함되어 있는 물절약 거버넌스 구축 및 운영 내용을 바탕으로 농업용수 관리 및 사용구조를 고려하여 두 개 지역의 농어촌공사(여주이천지사, 경주지사) 주도 하에 거버넌스를 간담회 형식으로 운영하였다. 농업용수 물절약 거번넌스 이해관계자들은 각 지역별 공기업, 공무원, 농업인, 언론인, 학계 전문가 등이 참가하였으며, 거버넌스 운영 2회 및 설문조사를 실시하였다. 그 결과 각 이해관계자들은 농업용수 절약을 위한 현재 문제점 및 해결방안 등에 대한 의견을 제시하였으며, 설문조사를 통하여 농어촌공사의 신뢰도 및 중요도가 가장 높고, 높은 중요도에 비하여 농업인 및 지자체 등은 신뢰도가 낮은 것을 확인 할 수 있었다. 이러한 결과는 농업인이 농업용수에 대한 주인의식을 가지고, 적극적이고 자발적인 참여가 필요하다는 것을 보여주고 있으며, 본 연구를 통하여 이루어진 간담회 형식의 거버넌스보다 운영효과 및 지속성을 유지할 수 있는 형태의 거버넌스가 연구되어야한다. 향후 농촌형물 거버넌스 모형이 개발되기 위하여 본 연구는 기초자료로 활용할 수 있다.

• Journal of Service Research and Studies
• /
• v.14 no.2
• /
• pp.82-100
• /
• 2024

Due to the intensifying global technological competition, the strategic and economic importance of intellectual property such as patents as intangible assets is increasing. The purpose of this study is to understand the current status of patent innovation in the service industry and to derive the characteristics and implications of patent innovation in the service industry. To this end, this study conducted an investigation and analysis to understand the characteristics of patent innovation in the service industry based on the data from the business activity survey. The proportion of patent companies in the service industry, characteristics of each service industry, proportion of each service industry, and the number of patent rights holdings were analyzed. In addition, the trend of patent changes in the service industry was investigated. The service industry was compared and analyzed with other industries based on the results of the analysis of patent innovation in the service industry. In particular, the service industry was divided into four types in terms of the rate of increase in the proportion of patent companies and the ratio of patent holing companies, and the types were derived. Based on the analysis results, the characteristics of patent innovation in the service industry were presented. As a result of the study, the proportion of patent holding companies in the service industry was lower than that of other industries, and the gap with other industries was widening, showing that the patent innovation of service companies is lower than that of other industries. The average number of patents held by service industry companies was lower than that of other industries, and the increase rate of the number of patent rights held was also lower than that of other industries, widening the gap. Patent innovation in the service industry can be divided into four quadrants in terms of the rate of increase in the proportion of patent holding companies and the proportion of patent holding companies, and it has been studied that the service industry needs policy support suitable for the characteristics of patent innovation in the quadrant to which the individual service industry belongs.