• Journal of Applied Tourism Food and Beverage Management and Research
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• v.13 no.1
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• pp.81-110
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• 2002

The temporary tax deduction on investment cutting the corporate income tax within 10% of the amount of investment is aimed at stimulating the investment for economic activity. 25 business sectors are applied to this tax law and in tourism, the accommodation registered by tour promotion law and international convention plan business belong to it. I'd like to mention the problem of the temporary tax deduction on investment amount for hotels and suggest better solutions. This tax law is so temporary applied that we shouldn't get tax deduction after June 30, 2002. So, we can't get income tax deduction on the investment out of the available period. And further more this tax law has a rule not real investment but solely new project investment for hotels. There are numbers of difference between real investment and new project investment. The amount of investment is based on an object of acquisition taxation. And also there are numbers of difference between real investment and an object of acquisition taxation. For example, landscape construction is a great part of hotel construction but it's not an object of acquisition taxation. For running hotel business, we also need lots of equipments such as linens utensils for restaurant and decorations for hotel interior. But these are also excluded from this tax law. As you know, these equipments can be regarded as product equipments in manufacture industry. Therefore we should take the specificity of hotel investment into consideration and expand the role of the temporary income tax deduction on investment amount for hotels.

• Journal of Venture Innovation
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• v.6 no.3
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• pp.61-72
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• 2023

In December 2020, the Fair Trade Act related to South Korea's separation of industrial capital was amended, and it was announced that the amendments would come into effect one year later, on December 30, 2021. The amendment's content involved breaking the previous principle of separating industrial capital from financial market penetration, allowing for the ownership of shares in general holding companies, small business startup investment companies, and technology business finance specialist companies. While the previous law was based on total issued shares' ownership, there were fluctuations in the subsequent trends of annual establishment and investment counts, as well as strategic investment counts of CVC (Corporate Venture Capital) before and after the law's amendment. CVC and IVC (Independent Venture Capital) are characterized differently based on their investment purposes, fund management types, and investment types. In this regard, the relaxation of the separation of industrial capital law is expected to have a positive impact on the future of the venture investment ecosystem and innovation ecosystem. In this study, we analyze the trends in the establishment count, investment count, and strategic investment count of domestic CVC from 2018, before the law amendment, to May 2023. Using 2021, the year the amended separation of industrial capital law was implemented, as a reference point, we examine changes in the trend. The analysis results indicate a significant increase in domestic CVC in 2021 compared to the previous year, along with an increase in investment counts, strategic investment counts, and the amount of investment in strategic investments. Based on these findings, this study suggests directions for further research related to future domestic CVC investment, strategic investment, and the activation of the venture investment market.

• Land and Housing Review
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• v.8 no.3
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• pp.145-159
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• 2017

Despite the longing for democracy of most people, Myanmar has missed opportunities for social and economic development by military dictatorship. However, since 2010, the civilian government has gained new opportunities for reform. After turning to economic reform, developed countries such as the US and EU lifted the economic sanctions that they had taken in the past. As a result, it is growing rapidly compared to neighboring countries due to attracting foreign capital, tariff benefits on export items, and expansion of industrial infrastructure. Despite the increased investment value due to economic growth and democratization, the complex and customary land system of Myanmar must be an uneasy factor in securing stable land rights when entering overseas markets. Therefore, this study sought the method of securing the land rights in the development project through the analysis of the foreign investment system in Myanmar and the investigation of joint development cases. The results of this study are as follows. First, the acquisition of land use rights at the early stage of development can be considered through the foreign investment system. Under the Foreign Investment Law and Myanmar Investment Law, the land can be used for up to 70 years, and Under the Special Economic Zone Law, the land can be used for up to 75 years. Second, in relation to land compensation, it is required to establish a detailed resettlement plan for the indigenous people as the difficulty of land acquisition is expected due to the recent democratization trend and strengthening the voice of residents. Third, land use at the operational stage can be achieved by leasing the land from developers, and this will be the most realistic plan at present. In other words, the developer can directly develop the land created under the Foreign Investment Law and the Special Economic Zone Law, or Sub-lease and transfer the land use right to a third party.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.59-78
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• 2013

The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr$\acute{e}$paratoires, (iv) tribunals consider the interpretative statement. When applying investment treaties, (i) treaties apply only in relation to acts or events that occurred after their entry into force, (ii) tribunals have applied different inter-temporal rules to jurisdictional clauses and substantive provisions in treaties, (iii) the relevant date for purposes of jurisdiction is the date of the institution of proceedings, (iv) Under the ICSID convention, the host state and investor's nationality must be a party to the convention on the date the proceedings are instituted. This study is expected to possibly become guideline in the interpretation and application standards of investment treaties. So future disputes can be prevented and prepared in advance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.109-133
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• 2016

As for Korea, China is very important because of an advantageous geological accessibility and high economic dependency. Therefore, the Korean government announced its plan to establish 5billion dollars' investment from Greater China (including Hong Kong and Singapore) and the government has put much effort into accommodating more Chinese investment by diversifying investment channels from Greater China. Under this major Chinese investment boom, it is crucial to conduct in-depth research on accommodation of Chinese investment and create a plan to establish Chinese capital investment that will benefit both the investing country and the countries receiving the investment. Hence, the present study analyzed current trends in Chinese investment for the Korean market, focusing on the stimulation methodology for establishing greater investment from China. To this end, this paper examined various investment characteristics of Chinese investors for the Korean market by researching investment development levels on different time lines and analyzing Chinese investment in Korea for a variety of industries. Through the research, the following study derived a more effective strategy to accommodate greater Chinese capital investment. There has been a worldwide increase in the number of letter of credit cases involving fraud recently. It may happen that the documents which are tendered to the banks under a documentary credit are forged, altered or fraudulent. Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness or falsification of any documents.

• Fourth Industrial Review
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• v.2 no.2
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• pp.39-46
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• 2022

Purpose - This study analyzes the investment environment of South Korea by using the rating scale of Robert B Stobaugh, Jr, and draws conclusion implication. Research design, data, and methodology - The study conducted a survey on according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years. The score of these eight aspects will be given based on the current situation in South Korea and the sum of the scores will be calculated. Result - China-Korea economic and trade relations are in a stage of transformation and upgrading, and the level of economic and trade cooperation in various fields is reaching a new level. It is hoped that Chinese enterprises will grasp business opportunities, strengthen research and analysis of the Korea market and achieve mutually beneficial cooperation. Conclusion - The investment environment of South Korea is superior according to the political stability, capital repatriation, foreign ownership allowed, discrimination and controls, foreign vs domestic businesses, currency stability, willingness to grant tariff protection, availability of local capital, and annual inflation for last 5 years.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.123-148
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• 2015

Central Asian Countries had been independent in 1991 from USSR. Since then it have been increasing foreign trade and investment amount with outside countries including China, Japan, EU and South Korea. Korean enterprises and entities have endeavored to secure plentiful natural resources, oil and gas energy and expand the market share to exporting the consuming and industrial competitive goods and services for those countries. In the case of disputes of commercial transactions and investment, arbitration is regarded as a dispute resolution system which has been preferred in international transactions and investments by the business world. Since the collapse of the USSR, Central Asian Countries have worked to modernize its arbitration law and procedure to conform with international standard rules. Arbitral legislation in Central Asian countries is based on the Model Law as adopted in 1985. However, CIS's legislation systems of arbitration are not satisfied with the international standard in national laws and practices. That is the reason to consider for the specific parliament about arbitration for the dispute resolutions in the commercial transaction and investment between Korean enterprises and CIS. In this article, it is discuss problems and its alternatives in the dispute resolution about the commercial transaction and investment into Central Asian countries including the tendency to the increasing the trade volumes of goods and investment between South Korea and CIS. According to this article, South Korea consider the long term strategy followed the preferred economic relative partnership for business success on commercial transaction and investment with the Central Asian Countries.

• Korean Journal of Agricultural Science
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• v.39 no.1
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• pp.17-21
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• 2012

The purpose of this study is to review the laws on foreign investment and the changed licensing procedures in Laos and to provide the data for basic understanding of foreign forestation investment in Laos. The conclusions are as follows. The Laos government has been consistently trying to promote foreign investment. In particular, in 2004, the "Law on the Promotion of Foreign Investment" was legislated. In 2009, the Foreign Investment Promotion Act and the Domestic Investment Promotion Act to incorporate the principles of the "Law on Investment Promotion" were enacted. In Laos, the country's land is owned by the nation's community and maintained by the government. Therefore, through the procedures for registration of land, land can be conceded or leased. The ways to invest are joint ventures (where at least 10% of the total capital investment has to be made), foreign sole investment (where the investor must have a minimum capital of $100,000 or more), joint venture agreement and etc. Lastly, the forestation licensing procedures in Laos are carried out in the following order: site selection, business investments feasibility studies, environmental and social impact assessment, forestry permit application.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.187-213
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• 2012

The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.313-328
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• 2013

Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.