• Title/Summary/Keyword: Companies Law

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Relationship Between the Audit Committee and Earning Management in Listed Companies in Vietnam

  • NGO, Diem Nhat Phuong;LE, Anh Thi Hong
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.2
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    • pp.135-142
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    • 2021
  • This study aims to examine the impact of audit committee characteristics on income management of companies listed on the Stock Exchange of Vietnam. Research data was collected from all 745 listed companies on Vietnam's stock market over four years, from 2015 to 2018. After excluding companies that did not qualify, there were 216 companies with 864 observations. With the help of dedicated software Stata 15, the impact of audit committee characteristics (through independent variables and control variables such as Audit Committee Independence, Auditing Committee size, Auditing Committee Expertise, Auditing Committee Meeting Frequency, Company Size, Financial Leverage, and Operating Cash Flow) to earning management through a multivariate regression model was determined. Research results from Vietnamese listed companies during this period show that the size and expertise of the audit committee are inversely related to the discretionary accruals representing earning management. At the same time, the research results also identify a positive relationship between firm size and earning management, and the inverse relationship between financial leverage, net cash flow from operating operations and earning management. However, the multivariate regression results do not find clear evidence of a relationship between audit committee independence and the audit committee meeting frequency to earning management.

Study on policies for the implementation of u-city services with a focus on the evaluation of the u-City Construction Law (u-City 서비스 구현을 위한 정책방향 연구 - u-City 건설법의 평가를 중심으로)

  • Kim, Sang Beom
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.5 no.3
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    • pp.185-199
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    • 2009
  • This paper analyzed articles of u-City Construction Law, which has been enacted on 29th of September last year, and evaluated their appropriateness and other laws associated with u-city services for better provision of u-cities and u-city services. The enacted law established the concept of u-city in Korea and provided relating industries with construction procedures, technology developments, and standards. These efforts have substantial implications as the first stepping stone, but also raised several problems. Hence, this paper suggested that the u-City Construction Law should be amended as follows. First, The minimum size of u-cities, that is required by the law, should be decreased. Second, various kinds of incentives should be provided to the u-city project companies. Third, new organizations such as u-City commission and National or Regional Control and Management Center will be necessary. Fourth, technology standards and inter-operability among cities should be provided in the areas of the control and management centers. And Finally, more measures of and focuses on project financing issues should be made.

The Problem and Resolution of The Act for Prevention of Insurance Fraud

  • Kim, Hyun-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.207-215
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    • 2019
  • The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

A Study on a Direction of Modification of the Trade and International Business Curriculum for Global Trade Expert (글로벌무역인력 양성을 위한 합리적인 무역학 교과과정 개편방향에 관한 연구)

  • Park, Kwang-So;Yu, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.329-360
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    • 2008
  • In Korea, the major of international trade and business introduced in the 1960s to supply trade expert to trading companies, and the heyday of the trade major was in the 1980s. However the trade major fell into decay from the middle of 1990s. The purpose of trade education in university is to supply high qualified employees to societies and companies. The problem is that companies have difficuties for recruiting of trade expert, on the other hand university graduates have few job oppertunies. It has some discrepancies between education and field. The object of this paper is to propose a direction of modification of the trade and international business curriculum for global trade expert. We research international trade and business departments' curriculums of GTEP universities. GTEP stands for global trade expert incubating program started from 2006 which have charge of MOCIE and KITA. First, in the title of department, a lot of former researchers have taken up the position to return "Trade" or "International Trade". We think more important fact is not the title of department but the curriculum, so we insist on a harmony between the department title and curriculums. The focus of modification of curriculum is to educate global trade expert, so we need to know about global business environment and companies' needs also. Second, We propose the directions for modification of curriculum are "convergence" and "specialty". Trade major is a mixed study in nature and trade major try to treat lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics and marketing etc to catch up changing global business circumstanses and companies' needs. So convergence of adjacent field is very important in study and training. Specialty means selection and concentration strategy for global trade expert. It is difficult to learn every knowledge and skills for employer's needs in 4 years and 140 credits. A students who has studied basic subject in trade, management, economics can choose 1 or 2 specailty subject such as trade and e-commerce, global marketing, logistics and transportation, commerce and policy, servive trade, foreign language and cross culture etc. In concusion, the concept of convergence and specialty is not separation but harmony each other, so we propose to promote two concept together for modification of the trade and international business curriculum for training of global trade expert.

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Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.7-35
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    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

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A Study of Pace Strategy & Correlation of Product Liability Management Activity, Enterprise Value (제조물책임(製造物責任) 관리활동(管理活勳)과 기업가치(企業價値)간의 상관관계 및 대응전략(對應戰略) 연구)

  • Min, Dong-Seong;Chang, Seog-Ju;Park, Roh-Gook
    • 한국벤처창업학회:학술대회논문집
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    • 2008.11a
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    • pp.285-334
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    • 2008
  • The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

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A Study of Pace Strategy & Correlation of Product Liability Management Activity, Enterprise Value (제조물책임(製造物責任) 관리활동(管理活動)과 기업(企業) 가치(價値)간의 상관관계 및 대응전략(對應戰略) 연구)

  • Min, Dong-Seong;Chang, Seog-Ju;Park, Roh-Gook
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.3 no.3
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    • pp.17-65
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    • 2008
  • The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

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A Study on the Efficiency Analysis for the Operations of the Safety Patrol applying the DEA Approach (DEA 기법을 활용한 안전관리자의 운영 효율성 평가)

  • Yu, Woo-Yeon;Jang, Seo-Il;Kang, Kyung-Sik;Lee, Dong-Hoon;Lee, Kyung-Sik;Jo, Young-Do
    • Journal of the Korea Safety Management & Science
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    • v.9 no.5
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    • pp.17-25
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    • 2007
  • All of the city gas companies in Korea must employ the gas safety patrols by law. The gas safety patrols are responsible for the various tasks including daily gas pipeline patrol to prevent gas accidents. Since the size of jurisdiction varies among the city gas companies, it is very difficult to compare their efficiency for the operations of the safety patrol each other directly. The objective of this research is to develop the methodology to analyze and compare the efficiency of the safety patrol's operations among various city gas companies. Several factors that are related to the safety patrol's duty on the gas safety factors were identified and DEA(Data Envelopment Analysis) model for efficiency analysis was developed. Finally, the DEA model was applied to the collected data from six city gas companies. The less efficient city gas companies can benchmark the higher efficient city gas companies in order to improve the safety control systems.

A study on the sponsorship tactics of transnational tobacco companies in Korea: Review and analysis of tobacco industry internal documents (담배회사 내부문건분석을 통한 다국적 담배회사의 국내 후원 전략에 관한 연구)

  • Kim, Hyojin;Lee, Sungkyu;Kang, Eungjeong
    • Korean Journal of Health Education and Promotion
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    • v.33 no.3
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    • pp.71-82
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    • 2016
  • Objectives: In this study, it was analyzed which marketing activity strategy multinational tobacco companies established against Republic of Korea through their internal documents and it was checked out how the marketing activities mentioned in the documents turned out to be actually. Methods: For that, analyzed the internal documents of tobacco companies after connecting Legacy Tobacco Documents Library(LTDL). Three documents were selected finally out of total searched 1,752 documents except the ones that did not include the theme or not appropriate. Results: Internal documents analysis showed that people smoke because the filter of cigarette shown in the movies looks nice. Tobacco companies carried out the marketing through sponsorship of soccer games, F1 Grand Prix was found in the internal documents. Conclusions: The legal restriction on marketing activities of tobacco companies should be enhanced by removing the articles of allowing advertisement and promotion for tobacco companies in Korean domestic law.

Factors Influencing Corporate Donations Among Shariah-Compliant Companies in Malaysia

  • SHAARI, Nur Diyana Izzati Mohamed;ALI, Mazurina Mohd;HASNAN, Suhaily;AHMAD, Nassr Saleh Mohamad
    • The Journal of Asian Finance, Economics and Business
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    • v.10 no.1
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    • pp.145-156
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    • 2023
  • Within the context of publicly traded Sharia-compliant companies in Malaysia, this study investigated the influence that board and company characteristics have on corporate donations. The primary focus of the study was (i) two board characteristics derived from upper echelons theory, namely gender composition and education level, and (ii) four firm variables derived from stakeholder theory, specifically company size, profitability, leverage, and industry category. This study used a total of 402 Shariah-compliant companies that operated in accordance with Shariah law. The information utilized in this study was culled by hand from the annual reports of various companies covering the years 2017 through 2019. According to the findings, the educational level of a company's board of directors has a significant impact on the amount of money donated to charitable organizations by Shariah-compliant companies. The level of expertise possessed by board members can be of assistance to businesses in becoming more aware of the necessity of making contributions or donations. Corporate contribution practices among Shariah-compliant companies in Malaysia were also significantly influenced by the firm's size, profitability, and the industry category in which the business was classified. The findings of the study contribute to a better understanding of the impact that board and company variables have on the activities of corporate donors.