• Title/Summary/Keyword: Foreign Investment Law

Search Result 87, Processing Time 0.026 seconds

A Study on A Scheme to Improve the Competitive Power of the Korea Satellite Industry (우리나라 위성 산업 경쟁력 제고 방안에 관한 연구)

  • Eun, Jong Won
    • Journal of Satellite, Information and Communications
    • /
    • v.8 no.1
    • /
    • pp.35-39
    • /
    • 2013
  • Space technology is a core technology which is emerging as the most competitive industry in the 21st century. However, it is said that private enterprises may have some limitations to run the space business independently because the space industry requires not only to enormously spend the amount of investment at the beginning stage of business but also to have lots of difficulties to get the amount of investment in the short period of time. Therefore, the advanced countries of having the space industry such as America, Japan, France and so on have been developing the space technologies through the help of their governments to some level at the beginning stage of business. Korea established the space development promotion law in 2005. Also Korea has been making efforts to correct the national space development middle and long term basic plans. However, while Korea becomes the 8th economic country in the world, Korea does not have a large enterprise which has ability to supply the domestic satellite demands, and to export satellites to foreign countries by developing satellites without having any help from foreign companies. Therefore, this paper described the activating scheme of satellite industry to efficiently carry out the Korea's space development mission, and to enforce the global competitive power.

Factors Affecting the Adoption of IFRS: The Case of Listed Companies on Ho Chi Minh Stock Exchange

  • TA, Trang Thu;PHAM, Cuong Duc;NGUYEN, Anh Huu;DOAN, Nga Thanh;DINH, Hang Thuy;DO, Giang Hoang;PHAM, Truong Hong
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.2
    • /
    • pp.873-882
    • /
    • 2021
  • The study investigates the key factors that affect the adoption of the International Financial Reporting Standards (IFRS) by companies listed on Ho Chi Minh Stock Exchange (HOSE) in Vietnam. The factors that are studied in this research include total debt-to-equity ratio, firm size, return-on-equity ratio, audit quality, foreign investment, and financial institution category. The authors have utilized quantitative and qualitative analyses in combination with a logistics regression model and other available analytical tools for conducting the research. All statistics processed in the paper were based on 379 audited financial statements issued in 2018. The results reveal that factors like firm size, return on equity (ROE), audit quality, foreign investment, and financial institution category positively affect the IFRS adoption of HOSE-listed companies, while total debt-to-equity ratio negatively impacts the adoption. The findings suggest Vietnamese law and policy-makers, when promoting the adoption of IFRS by listed companies, should focus more on five variables with positive influence and they can disregard the total debt-to-equity ratio that is insignificant as a factor affecting the adoption of IFRS. This implication could be applied for other firms in Vietnam and for enterprises in other countries, which are in the same stage of IFRS application.

A Study on the Dispute Resolution Strategy of Korea Companies on Russia's Investment Environment Changes (러시아 투자 환경 변화에 따른 한국기업의 분쟁 대응 전략에 관한 연구)

  • KIM, Sung-Ryong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.67
    • /
    • pp.143-162
    • /
    • 2015
  • Russia has a huge amount of energy resources. It is an attractive factor to countries which spend loads of energy. Republic of Korea is also one of large energy consumption countries. Therefore, It will be needed to raise energy cooperation with Russia. It's companies will increase trade focusing on the energy industry in the long term. Recently, However, Foreign companies should be careful when they enter the rapidly changing Russia market. In other words, companies will need a strategic approach to prepare the early case assessment and how to solve a possible dispute as they analyze cost and profit in business. This study is analyzing several dispute cases related in Russia. It presents some strategies for Korean companies such as dispute resolution method, arbitration institution selection method and so on. In addition, it proposes the introduction of the early case assessment for reducing a waste of time and cost. Furthermore, according as the importance of OECD Guidelines for Multinational Enterprises is highlighted in international community, companies should prepare practical division to establish a system of responsible business conduct. Finally, they will have to get an advice and counseling from the Russia legal experts in the early stages of the contract.

  • PDF

The Korea·China FTA and the Export Promotion Strategies for Korean Agri-Food to China (한·중 FTA와 한국 농식품의 중국 수출확대 방안)

  • LEE, Young-Soo;KWON, Soon-Koog
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.67
    • /
    • pp.187-208
    • /
    • 2015
  • The Korea China FTA was signed on June 1 2015. It includes some concessions regarding major export items in the manufacturing sector for the protection of primary industries and preferential tariffs for a number of products produced in the Kaesong Industrial Complex. Primary industries are what the Korean government paid the greatest attention to. Rice was excluded from the negotiations from the get go, and was joined by 548 other food items including pork, apples, pears, beef, chili, garlic etc. These foodstuffs account for about one-third of the agricultural and livestock products that Korea produces, and are not going to be subject to tariff elimination. The results of the study are as follows: Korean government policy is to maintain of agri-food export support system, eliminate of agri-food non-tariff barriers, foster of agri-food export SMEs and expand of investment of foreign agri-food company. Korean firms strategy is to establish of regional marketing strategy, ensure of high quality agri-food and develop of food packaging technologies, establish of agri-food export logistics center and take advantage of the FTA preferential tariff.

  • PDF

인도 소프트웨어산업의 혁신과 정부정책의 역할

  • 전황수;현창희
    • Journal of Technology Innovation
    • /
    • v.9 no.2
    • /
    • pp.120-139
    • /
    • 2001
  • The purpose of this paper is to evaluate the Indian Software Industry and t government's industrial policy by analysing the characteristics of the software industry, authority, development process, social infrastructure, and public sector. The Information age is creating profound changes in the way we live and work. It is transforming all aspects of society, stimulating new opportunities. Over the past decade, India has deliberately prepared itself to meet the new challenges of the information age. India became an important player in shaping world software industry. Through the industrial policy, Indian government is focusing on 1) the development of software industry, 2) dramatic increase in IT scientists engineers, and the promotion of education institutes, 3) the establishment of the software technology Parks (STP), 4) the inducement of foreign direct investment, 5) extensive standardization, 6) the coordination of the law and system. India has liberalized finance and telecommunications system in an effort to bring in more business, and has revamped education curriculums to encourage more creativity among students. Government has played crucial role in bringing India one of advanced software nation by presenting the grand vision and sophisticated plan, liberalizing telecommunication market, and enhancing the efficiency of bureaucratic system.

  • PDF

A study on the improvement of distribution system by overseas agricultural investment (해외농업투자에 따른 유통체계 개선방안에 관한 연구)

  • Sun, Il-Suck;Lee, Dong-Ok
    • Journal of Distribution Science
    • /
    • v.8 no.3
    • /
    • pp.17-26
    • /
    • 2010
  • Recently concerns have been raised due to the unbalanced supply of crops: the price of crops has been unstable and at one point the price went up so high that the word Agflation(agriculture+ inflation) was coined. Korea, in particular, is a small-sized country and needs to secure the stable supply of crops by investing in the produce importation at a national level. Investment in foreign produce importation is becoming more important as a measure for sufficient supply of crops, limited supply of domestic crops, weakened farming conditions worldwide, as well as recent changes in the use of crops due to the development of bio-fuels, influence of carbon emission on crops, the price increase in crops, and influx of foreign hot money. However, there are many problems with investing in foreign produce importation: lack of support from the government; lack of farming information and technology; difficulty in securing the capital; no immediate pay-off from the investment and insufficient management. Although foreign produce is originally more price-competitive than domestic produce, it loses its competiveness in the process of importation (due to high tariffs) and poor distribution system, which makes it difficult to sell in Korea. Therefore, investment in foreign produce importation is being questioned for feasibility; to make it possible, foreign produce must maintain the price-competitiveness. Especially, harvest of agricultural products depends on natural and geographical conditions of each country and those products have indigenous properties, so distribution system according to import and export of agricultural products should be treated more carefully than that of other industries. Distribution costs are differentiated into each item and include cost of sorting and wrapping, cost of wrapping materials, cost of domestic transport, cost of international transport and cost of clearing customs for import and export. So transporting and storing agricultural products generates considerable costs compared with other products. Also, due to upgrade of dietary life, needs for stability, taste and visible quality toward food including agricultural products are being raised and wrong way of storage causes decomposition of food and loss of freshness, making the storage more difficult than that in room temperature, so storage and transport in distribution of agricultural products needs specialty. In addition, because lack of specialty in distribution and circulation such as storage and wrapping does not solve limit factors in distance, the distribution and circulation has been limited to a form of import and export within short-distant region. Therefore, need for distribution out-sourcing which can satisfy specialty in managing distribution and circulation and it is needed to establish more effective distribution system. However, existing distribution system of agricultural products is exposed to various problems including problems in distribution channel, making distribution and strategy for distribution and those problems are as follows. First, in case of investment in overseas agricultural industry, stable supply of the products is difficult because areas of production are dispersed widely and influenced by outer factors due to including overseas distribution channels. Also, at the aspect of quality, standardization of products is difficult, distribution system is quite complicated and unreasonable due to long distribution channels according to international trade and financial and institutional support is not enough. Especially, there are quite a lot of ineffective factors including multi level distribution process, dramatic gap between production cost and customer's cost, lack of physical distribution facilities and difficulties in storage and transport due to lack of wrapping containers. Besides, because import and export of agricultural products has been manages under the company's own distribution according to transaction contract between manufacturers and exporting company, efficiency is low due to excessive investment in fixed costs and lack of specialty in dealing with agricultural products causes fall of value of products, showing the limit to lose price-competitiveness. Especially, because lack of specialty in distribution and circulation such as storage and wrapping does not solve limit factors in distance, the distribution and circulation has been limited to a form of import and export within short-distant region. Therefore, need for distribution out-sourcing which can satisfy specialty in managing distribution and circulation and it is needed to establish more effective distribution system. Second, among tangible and intangible services which promote the efficiency of the whole distribution, a function building distribution environment which includes distribution information, system for standard and inspection, distribution finance, system for diversification of risks, education and training, distribution administration and tax system is wanted. In general, such a function building distribution environment is difficult to be changed and supplement innovatively because its effect compared with investment does not appear immediately despite of its necessity. Especially, in case of distribution of agricultural products, as a function of collecting and distributing is performed individually through various channels, the importance of distribution information and standardization is getting more focus due to the problem of repetition of work and lack of specialty. Also, efficient management of distribution is quite difficult due to lack of professionals in distribution, so support to professional education is needed. Third, though effort to keep self-sufficiency ratio of staple food, rice is regarded as important at the government level, level of dependency on overseas of others crops is high. Therefore, plan for stable securing food resources aside from staple food is also necessary. Especially, governmental organizations of agricultural products distribution in Korea are production-centered and have unreasonable structure whose function at the aspect of distribution and consumption is quite insufficient. And development of new distribution channels which can deal with changes in distribution environment and they do not achieve actual results of strategy for distribution due to non-positive strategy for price distribution. That is, it implies the possibility that base for supply will become vulnerable because it does not mediate appropriate interests on total distribution channels such as manufacturers, wholesale dealers and vendors by emphasizing consumer protection excessively in the distribution of agricultural products. Therefore, this study examined fundamental concept and actual situation for our investment to overseas agriculture, drew necessities, considerations, problems, etc. of overseas agricultural investment and suggested improvements at the level of distribution for price competitiveness of agricultural products cultivated in overseas under five aspects; government's indirect support, distribution's modernization and distribution information function's strengthening, government's political support for distribution facility, transportation route, load and unloading works' improvement, price competitiveness' securing, professional manpower's cultivation by education and training, etc. Here are some suggestions for foreign produce importation. First, the government should conduct a survey on the current distribution channels and analyze the situation to establish a measure for long-term development plans. By providing each agricultural area with a guideline for planning appropriate production of crops, the government can help farmers be ready for importation, and prevent them from producing same crops all at the same time. Government can sign an MOU with the foreign government and promote the importation so that the development of agricultural resources can be stable and steady. Second, the government can establish a strategy for an effective distribution system by providing farmers and agriculture-related workers with the distribution information such as price, production, demand, market structure and location, feature of each crop, and etc. In order for such distribution system to become feasible, the government needs to reconstruct the current distribution system, designate a public organization for providing distribution information and set the criteria for level of produce quality, trade units, and package units. Third, the government should provide financial support and a policy to seek an efficient distribution channel for foreign produce to be delivered fresh: the government should expand distribution facilities (for selecting, packaging, storing, and processing) and transportation vehicles while modernizing old facilities. There should be another policy to improve the efficiency of unloading, and to lower the cost of distribution. Fourth, it is necessary to enact a new law covering exceptional cases for importing produce in order to maintain the price competitiveness; currently the high tariffs is keeping the imported produce from being distributed domestically. However, the new adjustment should be made carefully within the WTO regulations since it can create a problem from giving preferential tariffs. The government can also simplify the distribution channels in order to reduce the cost in the distribution process. Fifth, the government should educate distributors to raise the efficiency and to modernize the distribution system. It is necessary to develop human resources by educating people regarding the foreign agricultural environment, the produce quality, management skills, and by introducing some successful cases in advanced countries.

  • PDF

A Case Study on the Investor-State Dispute Relevant a Public Policy and the Domestic Implications (공공정책 관련 ISD 소송의 국내적 시사점 연구 -우리나라 관련 ISD사건을 중심으로-)

  • Kim, In-Sook
    • Journal of Legislation Research
    • /
    • no.55
    • /
    • pp.193-237
    • /
    • 2018
  • The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

Analysis of Deliberations by UNCITRAL Working Group on the Draft Revised Version of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙(仲裁規則) 개정초안(改正草案) 내용(內容)의 분석(分析)과 방향검토(方向檢討))

  • Kang, Pyoung-Keun
    • Journal of Arbitration Studies
    • /
    • v.18 no.2
    • /
    • pp.3-31
    • /
    • 2008
  • At its thirty-ninth session(New York, 19 June - 7 July 2006), United Nations Commission on International Trade Law(hereinafter referred to as the Commission) agreed to give priority to the topic of revising the UNCITRAL Arbitration Rules. From the forty-fifth through the forty-seventh session, the Working Group checked various issues based on the draft revised version of the UNCITRAL Arbitration Rules prepared by the Secretariat. At its forty-eighth session, the Working Group is going to finish its first reading of articles 38 to 41 of the draft revised version of the UNCITRAL Arbitration Rules, and to commence its second reading of the draft revised version of UNCITRAL Arbitration Rules. Korea is keen on enticing foreign direct investment into its territory. From the 1960s, Korea has concluded more than 80 BITs. Korea is making efforts to conclude FTAs with its trading partners. As of January, 2008, 3 FTAs have taken into effect with respect to Korea. According to provisions on dispute settlement found in such BITs and FTAs involving Korea, the Rules can be chosen for Investor-State Arbitration. Furthermore, the Rules is followed by the arbitration rules for domestic and international arbitrations administered by the Korean Commercial Arbitration Board. If the Commission adopts the revised version of UNCITRAL Arbitration Rules, the Rules will be able to give impact on the arbitration law and practice around the world of arbitration. That is the reason why we should keep attention to the development of the deliberations of the Working Group.

  • PDF

Recent Trends and Characteristics of International Arbitration in Latin American Countries (라틴아메리카 국제중재의 최근 발전경향과 특징)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
    • /
    • v.18 no.1
    • /
    • pp.97-119
    • /
    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

  • PDF

Investigation of Korean-Chinese Business Management Research (한(韓).중(中) 양국간(兩國簡)의 무역(貿易).경영(經營) 연구(硏究)에 관(關)한 문헌(文獻)적 고찰(考察) -1981년(年)부터 2004년(年)까지를 중심(中心)으로-)

  • Mun, Cheol-Ju;Kim, Yong-Jun;Park, Jung-Dong;Moon, Chul-Woo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.38
    • /
    • pp.327-376
    • /
    • 2008
  • China is marking 9.4% annual growth rate in average since 1978. GDP reached $1090 in 2003 as the first time and China ranked at 4th with their economy size in 2006. One of the remarkable change in China is the extension of foreign open-door policy. China joined WTO in the end of 2001 and it strengthen the foundation of Chinese market economy structure and encouraged the inflow of foreign capital. While 400 of the 500 global corporations advanced into China, the economy trade has been rapidly increasing between Korea and China. The economy trade in both countries has been regularized since 1992 and the annual trade is tending upwards in last 15 years. Korean trade toward China reached 134,400 million which is increased 27 times compared with the total of 1982. In this period, Korean trade toward China marked 24.5% in Export increasing rate and 16.7% in import increasing rate. China became the 2nd biggest export country of Korea in 2001 and became the top in 2003. As the China foreign direct investment has been increasing rapidly, the number of Korean companies advanced into China has been remarkably increasing. By focusing on a thorough review of the nationally published documents of Korean-Chinese business management research during more than two decades (1981-2004), the present paper has been systematically classified and analyzed the current status of Korean-Chinese business management research. The paper raised some important issues regarding Korean-Chinese business management research and predominantly, its future prospects are outlined. In the paper, the documents which are registered in the Korean Academic Processing Foundation registration of journals and candidate registration of journals have been classified by: research purpose, main subject, research method and the results. Careful analysis among the research clarified the active and inactive business management research fields. This clarification enables us to get a better understanding of the current research of Korean-Chinese business management, and more importantly, it pointed out to the direction of future development of research. In addition, the systematic classification made by this paper may contribute to the decision making of subject index of Korean-Chinese business management research since there has been no classification standard of it until now.

  • PDF