• Title/Summary/Keyword: Capital Market Law

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A Study on the Market of Imported Medical Devices in Myanmar

  • Bae, Hong Kyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.213-237
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    • 2014
  • The medical-device market of Myanmar in the recent Asian region is where the influences of Thailand, China, India and Singapore are being shown considerably with the lift-up of economic sanctions by America and the West. However, although the global capital and liberalization have widened the openness and the international concerns, the relative Myanmar's medical environment demands an active assistance and improvement. The study, recognizing the importance of Medical-Devices and their market conditions emerging as key business for knowledge-based industry, aims to obtain consequential meaningful suggestions, pursuant to relative export-concentration and sustainable market growth of Medical Devices, by analyzing inter-nation trade intensity for key Medical Device items. To do so, this study selected 8 nations in total by reviewing three points: core Medicine-advanced countries, geographically adjacent countries to Myanmar, and relative export-concentration.

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Technology Management and Challenges of Vietnamese Enterprises in the International Market

  • Tuan, Nguyen Anh;Thanh, Nguyen Minh;Loc, Tran Thi
    • The Journal of Asian Finance, Economics and Business
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    • v.5 no.1
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    • pp.43-52
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    • 2018
  • This research aims to evaluate the current state of technology of enterprises in Vietnam in comparison with several countries in the AEC economic community, thereby to propose several recommendations to Vietnamese enterprises in order able to promote technology innovation activities, create competitiveness with enterprises in the region. Qualitative research methods are used through statistics and comparative descriptions from data collected from various sources: WEF, World Bank, CIEM, General Statistic Office. The study results show that Vietnamese enterprises still have many limitations in technology, originated from their small business scale (capital and labor), the current research capacity is still low, the funding for this activity is not high and the accessibility of the capital is still difficult. According to the Global Competitiveness Index, Vietnam's science and technology indexes are low compared to other AEC-developed countries including the availability of the latest technology; the acquisition of technology at the enterprise level; the capacity of improvement; quality of scientific research organizations..., which shall be a major barrier for Vietnamese enterprises to have to overcome to be able to create the competitiveness when entering the global market. From then on, the authors proposed solutions for two subjects, enterprises and government, to help Vietnamese enterprises to overcome this barrier.

A Comparative Study on a Supplier Credit and a Buyer Credit in International Transactions of Capital Goods - Focusing on Industrial Plant Exports, Shipbuilding Exports, and Overseas Constructions -

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.48
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    • pp.127-155
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    • 2010
  • The international transactions of capital goods such as industrial plant exports, overseas constructions, and shipbuilding exports, are so huge that tremendous amount of funds are required, and that most of the loans are long-term credits of over five years. In the export of huge capital goods, financing is more crucial than technology itself. Some of the importing countries are developing ones that are politically and economically unstable. Therefore the financing mechanism for these transactions is conclusive in winning these projects. Global financial market instability caused by US sub-prime mortgage financial crisis expanded all over the world, and the international transactions have been decreased due to global credit crisis. This indicates how much influential the financing market is in international transactions. The financing schemes are classified into supplier credit and buyer credit by who provides the financing. A supplier credit is a credit extended by an exporter(seller) to an importer(buyer) as part of an export contract. Cover for this transaction may be extended by an export credit agency('ECA') to the exporter. In a sales contract a seller shall provide fund required to manufacture goods, and in a construction contract a contractor shall provide fund required to complete a construction. A buyer credit is an arrangement in which an exporter enters into a contract with an importer, which is financed by means of a loan agreement A Comparative Study on a Supplier Credit and a Buyer Credit in International Transactions of Capital Goods 155 where the borrower is the importer. In a sales contract a buyer shall provide fund required to manufacture and procure the goods, and in a construction contract an owner shall provide fund required to complete a construction. Therefore an exporter is paid on progressive payment method. A supplier credit and a buyer credit have their own advantages and disadvantages in the respect of the parties respectively. These two financing methods are selectively used considering financing conditions such as funding cost, importer's and/or exporter's financial conditions, importing country's political risk.

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Analysis and Proposal of Startup Policy: Focusing on step-by-step Implications such as Startup, Growth, and Recovery (스타트업관련 정책의 현황분석과 정책제안: 창업, 성장, 회수 등 단계별 시사점을 중심으로)

  • Joe, Byoung-Moon;Shin, Hyun-Han
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.2
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    • pp.97-110
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    • 2020
  • This paper is on the policy proposal for venture ecosystem. First, one of the three secrets of the US venture ecosystem is the law of 50:50. Angel capital investment is as important as venture capital investment. Although professional angel investors and accelerators account for as much as VC in the venture ecosystem, they are ignored from policy considerations. We argue that the revision of related law is urgent. Second, large US firms invest more in M&As than in internal R&D. Therefore, accelerators and professional angel investors could make effective investment recovery after investing in a startup company. In other words, angel capital does not come in without secondary market development. Angel capital and secondary markets are the two pillars of the venture ecosystem. The government alone is difficult to develop a secondary market. This is why the private sector should come in and introduce corporate venture capital (CVC). Third, we believe the policy direction for national economic growth should be extended from the startup to scale-up. This is because the startup's sales and job creation will start in five years. While the previous study focused on funding (venture financing), this paper aims to balance all three stages of a venture: startup, growth, and recovery, which are the life cycle of a venture company or venture investment. In particular, we propose specific policies in each chapter to improve practical application.

Analysis of Chinese Oversea Direct Investment(ODI) and Methodology of Investment Stimulation in Korea (중국의 대 한국 직접투자 특징 분석 및 투자확대 방안 연구)

  • YU, Ja-Young;LEE, Ji-Na
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.109-133
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    • 2016
  • As for Korea, China is very important because of an advantageous geological accessibility and high economic dependency. Therefore, the Korean government announced its plan to establish 5billion dollars' investment from Greater China (including Hong Kong and Singapore) and the government has put much effort into accommodating more Chinese investment by diversifying investment channels from Greater China. Under this major Chinese investment boom, it is crucial to conduct in-depth research on accommodation of Chinese investment and create a plan to establish Chinese capital investment that will benefit both the investing country and the countries receiving the investment. Hence, the present study analyzed current trends in Chinese investment for the Korean market, focusing on the stimulation methodology for establishing greater investment from China. To this end, this paper examined various investment characteristics of Chinese investors for the Korean market by researching investment development levels on different time lines and analyzing Chinese investment in Korea for a variety of industries. Through the research, the following study derived a more effective strategy to accommodate greater Chinese capital investment. There has been a worldwide increase in the number of letter of credit cases involving fraud recently. It may happen that the documents which are tendered to the banks under a documentary credit are forged, altered or fraudulent. Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness or falsification of any documents.

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A study on legal improvement on Online P2P financial loan

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.6
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    • pp.141-147
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    • 2017
  • Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

Bank Capital and Lending Behavior of Vietnamese Commercial Banks

  • DANG, Van Dan;LE, Thi Tuyet Hoa;LE, Dinh Hac;NGUYEN, Hoang Dieu Hien
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.2
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    • pp.373-385
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    • 2021
  • The objective of the study is to empirically investigate the impact of bank capital on the lending behavior of Vietnamese commercial banks from 2007 to 2019. Lending behavior is captured by two dimensions, including the quantity (loan growth) and quality (credit risk) of loans. Instead of investigating loan growth and credit risk separately, we combine these two aspects in our study and further develop the interaction term between capital buffers and credit risk to capture the asymmetric impact. We apply the dynamic model (regressed by the generalized method of moments) and the static models (regressed using the fixed effects, random effects, and the pooled regression approach) to perform regressions. The results show that banks with higher capital ratios tend to expand lending more, while the risk of credit portfolios is controlled at lower levels at these banks. Further analysis reveals that credit risk mitigates some aspects of the relationship between bank capital and loan expansion. The patterns remain robust across alternative measures and econometric techniques. The study provides insightful policy implications for bank managers and regulators in the process of upgrading capital resources to ensure the safety and soundness of the banking industry in an emerging country.

The Role of Intrinsic Motivation in the Relationship Between Psychological Capital and Innovative Performance: Empirical Evidence from Vietnam

  • TRAN, Phong T.;NGUYEN, Thu D.T.;PHAM, Luan M.;PHAN, Phuong T.T.;DO, Phuong T.
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.4
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    • pp.1067-1078
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    • 2021
  • This research examines the mediation of intrinsic motivation (IP) in the relationship between psychological capital (Psycap) and innovative performance (IP) in the educational environment of the transitioning economy. A test was based on a convenient sample of 440 University lecturers participating in a hardcopy survey was collected from ten universities and colleges in Southern Vietnam, from April 2020 to December 2020, while social isolation is strictly enforced by the government (Covid-19). The hypotheses are then proposed and conducted using confirmatory factor analysis (CFA) and the structural equation modeling technique (SEM). The testing structural model results reveal that all the hypotheses are satisfied at the 5% significance level. Intrinsic motivation is a partial mediator in the linkage between psychological capital and innovative performance. These findings suggest that the importance of Psychological Capital (PsyCap) of workers promotes job performance in general, especially in individuals' creativity in a transitioning market, Vietnam. In addition, Based on the research results, several solutions are also proposed to promote innovative performance in the conditions of education in Vietnam. Besides, the author also gave a few comments on the findings as well as the limitations that this study encountered, especially how the survey samples were collected.

Buyer's Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL (매수인의 물품검사 및 계약부적합성 통지의무; CISG 및 CESL과 비교된 벨기에법의 관점에서)

  • Byung-Mun Lee;Hautem Xavier
    • Korea Trade Review
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    • v.45 no.1
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    • pp.83-100
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    • 2020
  • This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

An Analysis on the Operation Model of Islamic Insurance (이슬람보험 운영모델 분석)

  • CHOI, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.453-472
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    • 2016
  • As globalization is widely expanded in Islamic world as well as huge capital like oil-money is looking for new investment areas, our government should keep eyes on the current situation of Muslim market. This study will focus on the research of operation model of Islamic insurance. It will analysis on the institutional aspects of Islamic insurance(Takaful) system, which is a step further on the basis of these previous researches about Islamic finance. Takaful is conducted with various machanism such as Wakala, Mudarabah, Waqf. The mechanism can also be intermingled with one another to form other diverse contracts. However most of them are focused on basic conceptual elements of Islamic insurance system. As public interests in Islamic insurance are increasing these days, many Islam related literatures are issued accordingly. But most of them were focused on basic aspect of Islamic financial system or on the study of business management structure. The conceptual approach to evaluate the Islamic insurance market shall become the foundation of operation in conventional business law and regulation penetrate to the Islamic business environment. Therefore, the research of the operation model in Islamic insurance system as well as the search of trade engineering basis.

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