• Korea Trade Review
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• v.44 no.2
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• pp.95-107
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• 2019

The ICSID arbitral tribunal shall determine the suitability of investors in accordance with the Article 25 of the ICSID convention and the investment or investor's provisions under the BIT. The eligibility of investors has an important role in establishing jurisdiction under international investment disputes. Therefore, this study draws implications on issues related to investor qualification, focusing on ICSID arbitration. The investor's nationality shall be taken into consideration in determining whether the investor is eligible. The criteria for determining the nationality of a corporate investor include the place of incorporation, main business location, and substantial ownership or control. The criterion of the place of incorporation that is used in a number of BIT have the problem of protecting investors from third countries not involved in the BIT. So, in recent years it is stipulated that the actual economic activity or the main business location as well as the place of incorporation criteria. And this problem is complemented by the denial of benefit clause. When determining whether a local corporation is controlled by foreigner in the host state it considers the shareholding rate, voting rights, and the exercise of managerial rights. There is a tendency to recognize shareholder's right to petition. Thus the same damage should not cause problems such as duplicate repayment or double reimbursement between the shareholders and the company. Unexpected problems can arise if the scope of investments and investors is broadly specified in the BIT. Therefore, it is necessary to clarify the scope of investment to be protected.

• International Area Studies Review
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• v.13 no.1
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• pp.219-240
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• 2009

Through the research, we found that the organizational systems of social enterprises in Europe have both properties of limited companies and stock companies in traditional organizational structures such as cooperatives, mutual companies and associations. However, social enterprises pursue interests of entire community, allowing the interested parties to join them in comparison with cooperatives. And for finance, most of the countries mainly use public fund such as national grants, but they are using more sales revenue. However, in our country the organizational systems of social enterprises have been introduced as the government and academic circles discussed expansion of social employment within a short period. So Korean enterprises tend to depend on national support rather than profitable activities for finance. Therefore, we need to develop a Korean convention or social agreement for the organizational systems of social enterprises. Furthermore, it is important for social enterprises to secure safe finance through development of social services and social cultures such as donation.

• Architectural research
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• v.18 no.4
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• pp.145-149
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• 2016

Recently, a goal was set globally to reduce the Carbon Dioxide ($CO_2$) emission at national levels by 30 % in comparison to the Business As Usual (BAU) pursuant to the United Nations Framework Convention on Climate Change. As construction industry accounts for as high as 40 % of the $CO_2$ emission by the entire industrial sector in Korea, efforts toward reducing emissions from the construction industry are essential. Buildings are mainly responsible for $CO_2$ emissions, and, to reduce the $CO_2$ emitted from the buildings, a fast and accurate calculation method is required to be introduced in the architectural design phase. If the standardized data based on Building Information Modelling (BIM) is utilized, $CO_2$ emissions can be calculated quickly and accurately during the design phase. However, it is difficult for the designers who lack the knowledge regarding $CO_2$ emissions to reduce and manage such emission during the planning and design phases of buildings by estimating the quantities of various materials and the corresponding $CO_2$ emissions. Accordingly, the objective of this study is to develop a BIM-based $CO_2$ emission estimation system for a rapid and objective analysis and verification of $CO_2$ emissions.

• The Journal of Information Technology
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• v.8 no.2
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• pp.121-133
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• 2005

The WTO(World Trade Organization) meetings for service negotiations started in February in 2000. Since then, the member countries have discussed the tourism sector and their expectations and methods of liberalization, based on the proposals they have submitted. The Republic of Korea had already opened hotels and restaurants, travel agencies and tour operator services, and tourist guide services, preceding of WTO service negotiations. However, to comply with the terms of the negotiations, the domestic laws and systems related to tourism should be analyzed according to their adherence to the principles of GATS(General Agreement on Trade in Services), which include market access and national treatment. Thus, the purposes of this study were two-fold: first, regarding the two basic principles of GATS(market access and national treatment), the articles of the administrative laws relating to tourism were examined. Second, proposals from the tourism sectors in the US, Canada, Dominique, EC, Switzerland, and Japan were also summarized and reviewed. Proper responses to service negotiations were proposed based on the results of this analysis. As a result, I can support the GATS classification(w/120) of tourism and the liberalization of tourism in other WTO member countries. I can also support the elimination of obstacles such as economic need tests and nationality requirement. 'Others' category should be considered more carefully according to the competitiveness of the given industry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.189-210
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• 2009

The United Nations General Assembly adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to as "The Rotterdam Rules") on 11 December 2008. Rotterdam Rules aims to create a contemporary and uniform law providing for modern door-to-door container transport including an international sea leg. but not limited to port-to port carriage of goods. The structure of the liability regime in Rotterdam Rules are globally close to that of the Hague-Visby Rule even though it differs from that of the Hague-Visby Rules in some significant aspects. The Rotterdam Rules are very long. Therefore the Rotterdam Rules will be difficult to understand for even the skilled ship operator or owner or charterer or shipper or consignee or receiver because they are so complicated. This paper only seeks to highlight the salient features of the liability and limitation of liability regime under the Rotterdam Rules. It is expected that the harmonization and modernization of the international legal regime. coupled with the bold attempt to balance the carrier and cargo interests should lead to an overall reduction in transaction costs. increased predictability and greater commercial confidence for international business transactions.

• Asian Journal of Innovation and Policy
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• v.9 no.1
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• pp.1-11
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• 2020

In 2015, the State Council of South Korea finalized its goal to reduce greenhouse gas emissions by "37% from the business-as-usual (BAU) level" by 2030 across all the economic sectors. Of that reduction, 4.5% will be achieved overseas by leveraging Emission Trading Systems (ETS) aided by international cooperation. In line with this, considering both the demand for and supply of the carbon market increased after the Paris agreement, the importance of public diplomacy in negotiating climate change actions also rose. This study aimed to analyze the impact of international discussions such as the United Nations Framework Convention on Climate Change (UNFCCC) on domestic policies and the types of public diplomatic climate change policies pursued by different government agencies, and draw implications from them. This study attempted to find implications from the Korean government's public diplomacy on climate change for developing countries. Lessons learned regarding Korea's public diplomacy would provide a practical guidance to the Asian developing countries, which are suffering from environmental crisis at a phase of rapid economic growth.

• Korean journal of food and cookery science
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• v.25 no.5
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• pp.531-544
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• 2009

Strategic alliance is increasingly becoming a popular strategy in the family restaurant industry. In general, strategic alliance can be defined as several brands collaborating in technology development, marketing, or production while keeping their independence as separate business entities. This study identified segments on the basis of sales promotion resulting from strategic alliances between family restaurants and card companies. This study further investigated how brand image, brand value, price fairness, customer loyalty and demographics are different among the segments. From the statistical analysis, three segments were found; 'short-period benefits oriented' segment, 'intangible and discount benefits oriented' segment and 'free benefits oriented' segment. Among the three segments, the 'free benefits oriented' and 'intangible and discount benefits oriented' segments had greater perceived brand image, brand value and customer loyalty than the 'short-period benefits oriented' segment.

• Proceedings of the Korean Information Science Society Conference
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• 2010.06d
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• pp.444-448
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• 2010

지구 온난화 현상, 국제 유가 급등, 화석 연료의 고갈 등 여러 가지 환경 문제에 대한 세계적인 관심이 높아지면서 UNFCCC(United Nations Framework Convention on Climate Change) 이 각국의 온실가스 배출량을 제한하기 위한 활동을 벌이고 있다. 그리고 온실가스 배출량을 국가별 또는 산업별로 정량적으로 산출하기 위해 IPCC(Intergovernmental Panel on Climate Change), WRI/WBCSD (World Resources Institute and World Business Council for Sustainable Development) 및 ISO 등 국제기관과 표준단체에서 표준지침을 제정하여 온실가스를 산정하는 노력을 기울이고 있다. 본 논문에서는 IT산업에서 환경 문제 해결을 위해 자구적인 노력을 하고 있는 그린 IT분야에서 이슈가 되고 있는 그린데이터센터에 대해 알아보고, 데이터센터를 에너지관리 측면에서 관리하기 위한 전력사용량 모니터링에 탄소배출량 산정 지침을 적용한 "스마트 에너지/탄소 관리 시스템 설계"에 대해 살펴보고 향후 구축에 있어 이슈가 될 사항을 점검해 본다.

• Culinary science and hospitality research
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• v.14 no.2
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• pp.153-169
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• 2008

The purpose of this study is to determine the effects of production strategies operated by franchisors in the food service industry on the franchisees' culinary competence and subsequently franchisees' satisfaction with performance and recontract intention. In order to accomplish this purpose, two franchised enterprises which used mass-purchasing and mass-producing before distributing to each franchisee for the production strategies were participated and eventually 287 franchisees responded to this survey. Factor analysis and Cronbach's alpha showed the validity and internal consistency for the survey questionnaire. LISREL(8.72) was used to test the relationships between variables; production strategy, culinary competences, franchisee satisfaction, and recontract intention of the franchisees. The results present that the franchisees' satisfaction with the management system, quality of distribution, and quality of foods influenced on differentiation performance and supply performance of franchisees. On cost performance, only satisfaction with the food cost had an impact. The higher franchisee satisfaction with the franchisees' operations was, the higher recontract intention was in the franchise business. The results suggest the critical points for improving foodservice supplying system as well.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.29-60
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• 2004

Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.