• 제목/요약/키워드: Foreign Settlement

검색결과 154건 처리시간 0.026초

남북상사중재위원회 구성$\cdot$운영 활성화 방안 (Some Perspectives on the North-South Arbitration Commission Scheduled on the Two Korea's Agreed Minutes)

  • 강병근
    • 한국중재학회지:중재연구
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    • 제14권1호
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    • pp.377-413
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    • 2004
  • North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

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FTA하에서의 사적 상사분쟁의 해결 (Settlement of Private Commercial Disputes under the FTA)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제17권1호
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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GIP 강관추진공법의 현장 적용성 연구 (In-Situ Application of Steel Pipe jacking with Grout In Pipe Method)

  • 임호정;정민형;이송
    • 한국지반공학회:학술대회논문집
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    • 한국지반공학회 2008년도 춘계 학술발표회 초청강연 및 논문집
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    • pp.1290-1297
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    • 2008
  • A pipe jacking method complements the excavation method and it is a non-excavation method which is thrust in the earth. On that score, using the pipe jacking method is increased because of constructability and economical efficiency in a medium or small-sized pipeline construction. However, a pipe jacking method still has several problems that the base ground is disturbed and loosen. Especially, where some sites have boulders, gravels and foreign bodies, the foundation is brought about deformation, settlement and leakage of water. Thus, the end of the construction the ground should be reinforced by grouting and it occur with additional expenses. Therefore, a steel pipe jacking method with grouting, Grout In Pipe, is devised newly to complement the existing method. In this study, it describes a new method and verifies efficiency, an application and practicality of the method through a experimental construction.

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구한말(舊韓末) 외인건축술(外人建築術)의 전래과정(傳來過程) 연구 (A Study on the Introductory Process of Foreigner's Architectural Engineering in the Late Yi-Dynasty)

  • 김태영
    • 건축역사연구
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    • 제1권1호
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    • pp.117-128
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    • 1992
  • The purpose of this paper is to clarify the introduction of foreigner's architectural engineering such as building materials techniques engineers, focused on the Late Yi-dynasty. Such all kind of building materials as timber brick tile cement lime glass window furniture and so on was imported from the foreign company in opening period of ports in Cho-son. The timer of these materials was imported from Japan, the brick tile from China, and others directly from Western counteries indirectly from Japan China. As it was active in an inflow of building materials and machines about 1890's, the modern building techniques were introduced and elementarily mastered such as timber sewing, manufacturing baking of brick glass, and masonry, The above modern techniques became the direct background in the formation of Korean modern architecture. Building engineers can be divided into three classes : architect engineer apprentice. But It could be apparently not divided the relation between architect and engineer at that time. They could be classified into job-architects who were engaged by the Korean government and leaded an active life in their settlement, and missonaries, They introduced the construction and style of modern architecture in our country, And so many skilled laborers and laborers participated in the construction of their settlement.

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E-Banking Performance in Uganda: A Case Study of Bank of Uganda

  • Nuwagaba, Alfred
    • 동아시아경상학회지
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    • 제3권2호
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    • pp.13-20
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    • 2015
  • Online or e-banking has been adopted as key banking innovation in Uganda adopted by all financial institutions in the country. This research explored the state of e-banking and its efficacy in Uganda banking industry. A correlation analysis approach was adopted for this research. In Uganda, the banking sector has been liberalized with telecommunications allowed to effect e-banking and ecommerce transactions. The study concentrated on the periods of years 2011/2012 and 2012/2013. Findings from this research revealed that BOU uses UNISS for real time gross settlement (RTGS). Since its adoption a +1 coefficient correlation was realized. With the use of mobile money, also a +1 coefficient correlation was achieved for the period under consideration. As regards the use of e-cheques, there was a drop reflected by -2.8 percent which could have been attributed to perception of the users, though there was a +1 coefficient correlation when considering e-cheque transactions and the monetary value. The use of EFT in Uganda generated a +1 coefficient correction considering the number of users and the monetary value involved. Bank of Uganda should work hard and make or go live with electronic banking supervision software which would aid them with their supervisory roles.

대용량 CO2 감축을 위한 CCS 연계 SNGCC의 경제성 및 환경성에 대한 연구(NETL 보고서를 중심으로) (Economical and Environmental Study on SNG Combined Cycle Integrated with CCS for Large-Scale Reduction of CO2 (Based on NETL Report))

  • 서동균;권원순
    • 한국수소및신에너지학회논문집
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    • 제26권5호
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    • pp.499-506
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    • 2015
  • Recently the Korean government announced its decision to select the $3^{rd}$ proposal, which targets reducing $CO_2$ by 37% of the BAU level by 2030, for the Intended Nationally Determined Contribution (INDC). According to this proposal, natural gas (or equivalent gas) combined cycle (NGCC) are suggested as alternatives for conventional pulverized coal (PC). In this study, we analyzed the environmental, economic, and energy mixing aspects of synthetic natural gas combined cycle(SNGCC) using NETL material (2011~2012 version) and other domestic materials (2014 version). We found the following conclusions: 1) Considering carbon capture and storage (CCS) integration, $CO_2$ emission factors of SNGCC and supercritical PC are the same. However, 60% of $CO_2$ from SNGCC is produced as high pressure and high purity (99%) gas, making it highly suitable for CCS, which is now strongly supported by the government. 2) Based on the economic analysis for SNGCC using domestic materials and comparison with NGCC, it was found that the settlement price of SNGCC was 30% lower than that of NGCC.

싱가포르협약 이후 일본의 국제분쟁해결절차 활성화 동향: JCAA 중재규칙과 일본 중재법 개정안을 중심으로 (Efforts to Promote International Dispute Resolution under the regime of Singapore Mediation Convention in Japan: From the Perspective of Amendments to JCAA Arbitration Rules and Arbitration Act of Japan)

  • 조수혜
    • 한국중재학회지:중재연구
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    • 제32권2호
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    • pp.55-83
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    • 2022
  • The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

공간정보산업 해외진출을 위한 산업 간 융합 방안 연구 (Inter-Industry Convergence Strategies of Geospatial Information Industry for Overseas Expansion)

  • 정진도;사공호상;이재용
    • 한국지리정보학회지
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    • 제18권2호
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    • pp.105-119
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    • 2015
  • 포화상태인 국내 공간정보산업시장을 확장하기 위해서는 해외 진출이 필수적이나, 현재의 공간정보산업 해외 진출 방식은 시장 확장에 한계를 보이고 있다. 산업 간 융합을 통한 공간정보산업 해외 진출은 인접 ODA 재원을 활용한 해외 진출을 가능하게 하고 국제 경쟁력을 보유한 산업과의 융합을 통한 선진국 진출을 가능하게 할 수 있다는 점에서 시장 확장의 대안이 될 수 있다. 본 연구는 이러한 산업 간 융합 방안을 수립하기 위해 먼저 복수의 해외 국가에 대한 상세 현황 조사를 수행하여 개발도상국 및 선진국의 수요를 분석하였다. 수요 분석 결과 산업 간 융합을 위해서 는 융합 용이성, 표준에 기반한 정보의 보안성, 열악한 인프라 극복, 다양한 수요 대응체계, 유지 보수체계의 마련이 필요하다는 것을 밝히고 이러한 수요를 충족시키기 위한 기술적/방법론적/법제도적 융합 기반을 모색하였다.

인천경제자유구역 국제중재센터 설립 및 운영방안 (A Study on Establishment and Operation of International Arbitration Center within Incheon Free Economic Zone)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제18권1호
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    • pp.121-145
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    • 2008
  • Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

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우리나라 지급결제시스템의 상호의존성에 관한 연구 (A Study on the Interdependencies of Payment and Settlement Systems in Korea)

  • 이준서;강경훈
    • KDI Journal of Economic Policy
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    • 제32권2호
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    • pp.171-216
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    • 2010
  • 본 연구는 갈수록 복잡다단해지는 지급 결제환경하에서 중요성이 대두되고 있는 결제시스템 간 상호의존성에 대해 그 원인과 유형, 위험관리방안 등을 살펴보고 국내 지급결제시스템 간 상호의존성 현황에 대해 조사한다. 또한 시뮬레이션 기법을 통해 실제 결제불이행의 파급효과를 계량화하여 결제시스템 간 상호의존성 정도를 파악하고 이에 대한 시사점 및 대응 방안을 모색한다. 국내 결제시스템 간 상호의존도는 지난 3년간 큰 폭으로 증가하였으며, 특히 한국은행이 운영하고 있는 거액결제시스템인 신한은금융망(BOK-wire+)은 소액, 증권, 외환결제시스템과 모두 연결되어 있어 시스템 간 상호의존성에 가장 지대한 영향을 미치고 있는 것으로 나타났다. 거액결제시스템은 소액결제와는 일평균 15조 9천억원, 장외증권과는 10조 6천억원의 결제 규모를 기록하고 있는 것으로 조사됐다. 결제불이행의 실제 파급효과를 알아보기 위해 실시한 시뮬레이션 분석 결과, 추가적인 결제불이행 규모는 일평균 최대 13조 6천억원이 발생하여 전체 결제금액의 7.8%를 차지한 것으로 나타났다. 또한 직접적인 결제불이행 금액까지 포함하면 전체의 22.3%를 기록, 국내 결제시스템간 상호의존도가 상당히 높다는 사실을 입증하였다. 또한 결제불이행 발생시점보다 인지시점이 결제불이행 파급효과에 더 중요한 요소로 지적됐고 증권사들이 국내 은행들보다 더 큰 영향을 받는 것으로 드러났다. 반면, 유동성 범위를 확대한 경우에는 추가 결제불이행 규모가 큰 폭으로 감소하였는데, 외국은행 지점의 지급불이행 비중이 상대적으로 증가한 것으로 나타났다. 이 같은 결과를 토대로 본 연구는 거래 상대방 간 상계거래 비중 확대, 증권사에 대한 새로운 결제방식 도입, 금융기관에 대한 원활한 유동성 공급방안 모색, 참여 기관에 대한 모니터링 강화, 참여기관 간 정보공유체제 강화 및 결제시스템 간 협조 강화의 필요성 등 결제위험 최소화를 위한 개선방안을 제시했다.

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