• The Korean Journal of Franchise Management
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• v.5 no.1
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• pp.143-160
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• 2014

This study focuses that the business starters can refer to this study, select better franchise headquarter and make the franchise member agreement. The most concerned part for the people who want to open franchise shop is what brand is reliable and safe to them. I have analyzed disclosure report that contains overall information of franchise headquarters and researched 300 franchise shops as sample. I drew the conclusion of the decision factors of franchise member agreement, overlooked demographical status by frequency analysis with SPSS 18.0 and performed disperse analysis to examine the decision factors of franchise member agreement and the difference between sex, service type, shop size and income level. In conclusion, the most concerned factor for the franchise agreement is sales management. Sex, shop size and income level are not meaningful factors, but the cost and training management factors are considered differently based on the service type. I hope 1) this study can be utilized for the franchise business starters judge and refer information level provided by the headquarters and make a successful franchise shop business. 2) this study can make solid relationship between franchise members and present a long term vision to them. Finally, this study can be a foundation to promote franchise field through making and supplementing the law of promoting proficient and good franchise headquarters and fairness of franchise transaction and franchise encouragement.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.3-35
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• 2005

The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• KDI Journal of Economic Policy
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• v.31 no.1
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• pp.239-276
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• 2009

The paper investigates the possible relationship between earnings prediction by security analysts and special ownership ties that link security companies those analysts belong to and firms under analysis. "Security analysts" are known best for their role as information producers in stock markets where imperfect information is prevalent and transaction costs are high. In such a market, changes in the fundamental value of a company are not spontaneously reflected in the stock price, and the security analysts actively produce and distribute the relevant information crucial for the price mechanism to operate efficiently. Therefore, securing the fairness and accuracy of information they provide is very important for efficiencyof resource allocation as well as protection of investors who are excluded from the special relationship. Evidence of systematic distortion of information by the special tie naturally calls for regulatory intervention, if found. However, one cannot presuppose the existence of distorted information based on the common ownership between the appraiser and the appraisee. Reputation effect is especially cherished by security firms and among analysts as indispensable intangible asset in the industry, and the incentive to maintain good reputation by providing accurate earnings prediction may overweigh the incentive to offer favorable rating or stock recommendation for the firms that are affiliated by common ownership. This study shares the theme of existing literature concerning the effect of conflict of interests on the accuracy of analyst's predictions. This study, however, focuses on the potential conflict of interest situation that may originate from the Korea-specific ownership structure of large conglomerates. Utilizing an extensive database of analysts' reports provided by WiseFn(R) in Korea, we perform empirical analysis of potential relationship between earnings prediction and common ownership. We first analyzed the prediction bias index which tells how optimistic or friendly the analyst's prediction is compared to the realized earnings. It is shown that there exists no statistically significant relationship between the prediction bias and common ownership. This is a rather surprising result since it is observed that the frequency of positive prediction bias is higher with such ownership tie. Next, we analyzed the prediction accuracy index which shows how accurate the analyst's prediction is compared to the realized earnings regardless of its sign. It is also concluded that there is no significant association between the accuracy ofearnings prediction and special relationship. We interpret the results implying that market discipline based on reputation effect is working in Korean stock market in the sense that security companies do not seem to be influenced by an incentive to offer distorted information on affiliated firms. While many of the existing studies confirm the relationship between the ability of the analystand the accuracy of the analyst's prediction, these factors cannot be controlled in the above analysis due to the lack of relevant data. As an indirect way to examine the possibility that such relationship might have distorted the result, we perform an additional but identical analysis based on a sub-sample consisting only of reports by best analysts. The result also confirms the earlier conclusion that the common ownership structure does not affect the accuracy and bias of earnings prediction by the analyst.

• Korean Business Review
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• v.14
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• pp.1-30
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• 2001

To prevent the VAT evasion and to form a sound VAT paying culture, we can draw the policy directions for government as follows: First, it is necessary to strengthen the tax supervision of small business and the administration of tax sources of cash-income industry. Second, the tax-deductible rate of the received tax invoices should be increased in a short-term base, and a simplified taxation system should be abolished in a long-term base. Third, in cases a trader has not received a tax invoice, an additional tax should be applied. Forth, to issue the tax invoice faster and conveniently, it is requested to introduce a new system which issues electronic card of registration when a businessman applies for his/her business registration. Fifth, to make tax standard transparent, it is desirable to punish the violator, relating to credit card regulations, stricter than present and to enforce the electronic bookkeeping. Sixth, for the reduction of noncompliance rate and creating a climate for autonomous, faithful tax return, it is necessary to expand and intensify tax investigation. And also it is necessary to make the level of penalty tax higher up and the level of criminal punishment less down, to keep up tax audit coverage. Seventh, a trader who is eligible for simplified taxation, whose tax base is under 12,000 thousand won, should not be required to pay the value added tax. But it is desirable to cut down them for the fairness of tax burden. Eighth, the effective date of the revised tax law should be fixed. Ninth, it is necessary to reinforce publicity and to educate on tax system and administration, for reducing tax evasion or tax avoidance and encouraging faithful tax return. Tenth, as the tendency of VAT evasion of distribution industry turns out to be the highest, it is requested not only to intensify tax administration on them but also to establish system and incentives, for introducing information system in distribution industry(introducing POS system, computerization of transaction record, establishing EDI between traders).