• Title/Summary/Keyword: investment law

Search Result 272, Processing Time 0.022 seconds

A Study on the Improvement of Agricultural Facility Legislation (농업용 시설의 건축 및 이용 법령 개선연구)

  • Lee, Won;Jang, Woo-Suk;Kwon, Hyung-Dun;Song, Jae-Il;Kim, Ji-Suk;Jung, Nam-Su
    • Journal of Korean Society of Rural Planning
    • /
    • v.19 no.4
    • /
    • pp.73-79
    • /
    • 2013
  • As facilities performing the production, processing, preservation, and shipment of agricultural products; agricultural facilities are categorized into planting facilities and livestock facilities based on the management target. Agricultural facilities are set in farmlands, and facility users mainly complain about the legal or institutional restrictions on farm rather than their own facilities itself. From 2009 to 2012, the Ministry of Agriculture Food and Rural Affairs (MAFRA) published the "Casebook of farmer Complaints on Farmlands" in order to help answer farmers' questions and support public workers' workloads. However, contents related to agricultural facility installed in farmland are currently not dealt with in particular. Among agricultural facilities, demands of property rights with livestock facilities have risen due to construction permissions, operational restrictions, and high initial investment costs; and relevant laws were revised and are now being executed. However, for planting facilities such as mushroom facilities, ginseng facilities, and greenhouses; farmer complaints related to property rights are constantly increasing because revisions to relevant laws are not being made despite the rising diversity of construction materials through technical developments as well as the rising scale of assets-i.e. mechanization, automation, and the application of New Regeneration Energies according to capital influx. In this study, the current state of relevant agricultural facility legislation were organized and their drawbacks deduced in order to propose improvements of Agricultural Facility Legislation. The result of interviewing with public workers and farmers show that agricultural facilities should be regarded as extensions of farmlands rather than as facilities built in land where development actions were being taken. Alternatives able to reflect these opinions were suggested through expert consultation.

A Case Study on the SCM Implementation of Sumitronics According to the Development of East Asian Trade Network (동아시아 무역네트워크의 발전에 따른 스미트로닉스의 SCM 구축에 관한 사례연구)

  • Park, Chul-Ju;Han, Neung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.47
    • /
    • pp.299-318
    • /
    • 2010
  • International trade environment is rapidly changing. Developing all economic activities included in the value chain of economy out of a particular country or region in the trends where globalization is spreading all over the world, 'a borderless world' has been created and become common throughout the world. Especially, in case of East Asian region, becoming the factory of the world, China has become a center of the world's economic activities in recent years; and the increase of regional investment among East Asian countries and trade expansion focused on China has been the factor of promoting the formulation of a regional trade network. SCM is an efficient way of adaptation to the complexity or uncertainty on the scene through the achievement of a sustainable competitive advantage by integrating the activities of improving the relationships in the supply chain. In this study, Sumitronics, a Japanese company, was studied as a case of the company who had implemented SCM effectively and efficiently utilizing the East Asian trade network. Not being engaged in the manufacturing processes in the headquarter, Sumitronics has implemented SCM which is capable of maximizing the responsiveness upon the requirements of customers by effective information sharing. In particular, the profits of the company have been maximized through SCM by its headquarter in Japan, which is capable of managing each base in East Asia as China and Southeast Asia, etc. Korean companies may also be able to create a new source of profit by dint of establishing SCM as such. The results of this case study has revealed that the implementation of an effective business model is the key of the successful implementation of SCM.

  • PDF

A Study on Improving a Method of the Appointment of Arbitrators in Inter-Korean Commercial Arbitration (남북상사중재에 있어 중재인 선정방식에 관한 연구)

  • Lee, Joo-Won
    • Journal of Arbitration Studies
    • /
    • v.18 no.1
    • /
    • pp.147-165
    • /
    • 2008
  • Appointment of arbitrators is very important in arbitration. As it has been a long laps since Korean peninsula was devided into two parts, South and North, it has come to be too much gaps between South and North in the law, social system, commercial practice and etc.. South Korea is familar to international commercial practice and capitalistic legal system generalized internationally in modern times. On the other hand as North Korea was closed society for a long time, they are not familar to international commercial practice and market economy. In this connection, commercial disputes arising from the transactions between South and North will occur frequently and it will be very difficult to select governing law or commercial practice referred to the disputes. Under the circumstances, when and if an arbitrator from South or North will be appointed as presiding arbitrator in the tribunal composed by three arbitrators, the part from which the presiding arbitrator come will be a majority, and it will be advantageous to the parties came from the part of which the presiding arbitrator come from. Such being the case, sole arbitrator or presiding arbitrator needs to be appointed among foreigner. Otherwise I recommend the tribunal composed by two arbitrators and umpire system. As to arbitrator's fee, as there is a big gap in its economic aspects between South and North, I supposed to need establishing the fund made by corporation with South and North in order to compensate arbitrators from South or abroad for their fee. Finally it is more important to prevent disputes arising from transactions between South and North. In order to prevent the disputes, education for North Korean about international commercial practice and skill to make a contract of international sale of goods and investment are needed.

  • PDF

Suggestions for Activation of Sport Convergence Enterprises (스포츠 융합기업 활성화를 위한 제언)

  • Lee, Sang-Ho
    • Journal of Digital Convergence
    • /
    • v.13 no.9
    • /
    • pp.505-513
    • /
    • 2015
  • This study was intended for suggestions enabling sports enterprises to lead the sports industry convergence. The method of study was literature reviews and discussed on improvements of the current law through examining the relevant law and regulations in the future. In the result, the current sports industry is faced with many matters. Despite the convergence availability of sports industry, professional sports industry human resources shortages, the absence of dedicated organizational mechanisms, R&D investment shortage and insufficient legal aspects can be presented. Fostering human resources with expertise and the installation of organization that can support sports industrial convergence are required to solve these problems. In conclusion, since sports industry has a value added area higher than other industries and bring economic ripple effect as a result of convergence activities, a climate for promoting sports convergence enterprises should be created.

Problems and Solutions for the Private-funded Railroad Station Project Management (철도 민자역사 사업수행체계 개선방안)

  • Park Chan-Sik;Jeon Yong-Seok
    • Korean Journal of Construction Engineering and Management
    • /
    • v.5 no.2 s.18
    • /
    • pp.172-180
    • /
    • 2004
  • Recently, there are growing concerns on the introduction of private financing in railroad station construction project. But private-funded station project does not have the efficient delivery system. This study is focused on the recommended solutions about the private-funded station project management. Through the literature survey and interview, it is investigated and analyzed that project management has the problems. The problems are classified as 2 areas: law & regulations and job practice. The problems in law & regulations are a lowing on the profitability, and an unreasonable project team selection process. Job practice has problems such as delaying in authorization process, and inferior feasibility analysis. The study suggests several recommended solutions related to the problem areas. That are as follows: the efficient return of investment system, the project financing system, the professional project management, the benchmarking team operation, and the cut down on discussion period

A study on the improvements of law for industrial technology outflow prevention : Focusing on international M&A (해외 M&A시 산업기술 유출 방지를 위한 법 개선 연구)

  • Kim, Seong-Jun;Kim, Woo-Hyun;Yi, Yeong-Seo
    • Korean Security Journal
    • /
    • no.29
    • /
    • pp.7-34
    • /
    • 2011
  • Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

  • PDF

Data Envelopment Analysis on Olympic medals : Focusing on Athens Olympic Games and Torino Winter Olympic Games (올림픽 메달의 자료 포락 분석 : 아테네 하계올림픽과 토리노 동계올림픽을 중심으로)

  • Kang, Doo-suk
    • International Area Studies Review
    • /
    • v.14 no.1
    • /
    • pp.299-319
    • /
    • 2010
  • This thesis analyzed that which countries won the Olympic medals more efficiently at the Olympic Games. Unlike the previous studies, I measured efficiency under the CRS, found implications for investment to improve sports skills through understanding the characteristics of sports race. A methods for research is a DEA-based approach which measures efficiency by using the data only, not assuming the parameters. The inputs are total population and GDP, the output is Olympic medals at 2004 Athens Olympic Games and 2006 Turin Winter Olympic Games. I applied different weights based on the medal colors. The results showed the tendencies that the larger the scales of total population and GDP were, the lower efficient values were. These tendencies imply that sports skills are related with the law of diminishing returns and international convergence. According to these phenomenons, surging investments for sports performance are hard to get proper justification. In the case of limited resources, investing uniformly in various sport entries is more productive than in just one or two sport entries.

Technology valuation utilizing crowd sourcing approach (크라우드 소싱 접근법을 활용한 기술가치 평가)

  • Choi, Jieun;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
    • /
    • v.6 no.6
    • /
    • pp.403-412
    • /
    • 2016
  • As transaction and investment using technology are vitalized, the need for objective standards for the technology is increasing. Current technology value evaluation system is limited lacking reliability and objectivity. Besides the traditional evaluation methodology which are market approach, income approach and cost approach other diverse evaluation methodology such as real option method and royalty calculation method are being studied; however currently there are no dominant evaluation methodology in the market. Same value evaluation system cannot be applied between similar technologies because value of technology is relatively decided based on the target. Approaching through collective intelligence and crowd sourcing, in meaning of majority participant's decision can make objective and better result than handful of experts, suggest alternative to problems of such matter above. By grafting the four types of crowd sourcing model which are Wisdom, Voting, Funding and Creation, this paper will discuss the ways to enhance the objectivity of technology evaluation through direct evaluation utilizing expert group and the public's indirect evaluation.

Estimation of the Expected Socio-economic Benefits of the Largescale Comprehensive Agricultural Development Project and Jointcost Allocation -In the Case of Kumgang Project Area- (대단위 농업종합개발사업의 사회경제적 기대편익 추정과 결합비용의 배분 -금강지구를 중심으로-)

  • Lim, Jae Hwan
    • Korean Journal of Agricultural Science
    • /
    • v.23 no.1
    • /
    • pp.159-176
    • /
    • 1996
  • This study is aimed at reviewing the methods of joint cost allocation and allocating the joint cost of estuary dam with specially repect to Kumgang Large-scale Agricultural Comprehensive Development Project. Apart from the water resource development project propelled by Water Resource Development Corporation in connection with Law of Multipurpose Dam Development, the Largescale Comprehensive Agricultural Development Projects couldn't ins-titutionally be carried out cost allocation of common facilities, even though it were concerned with irrigation, municipal and industrical water supply, flood control, sightseeing and industrial zone development components. To decrease farmer's burden of the project costs and, operation and maintenance costs, the joint costs of common facilities like estuary dam included in agricultural development projects have to be allocated by suitable method as alternative cost-remaining benefit method and the analytical activity should be supported by revising the concerned laws as Rural Development and Promotion and, Rural Rearrangement conpatible with the law for multipurpose dam development. Kumgang Agricultural Comprehensive Development Project was selected as a case study for the estimation of socio-economic benefits by project components and joint cost allocation of the estuary dam. The main results of the study are as follows; Joint cost allocation and unit charges by components 1. The project area will be 25,554ha with total project cost of 624,860 million won including the estuary dam cost of 120,843 million won. The project costs were ex-pressed by 1994 constant price. 2. Total quantity of water was estimated 365 million tons which were consisted of 245 million tons for irrigation, 73 million tons for municipal water and 47 million tons for industrial water. 3. The rates of joint cost allocation were amounted to 34.2% for agriculture, 2.5% for sightseeing, 45.7% for transportation, 11.8% for M & I water supply and 5.8% for flood control respectively. 4. The unit financial charges by project components were estimated at 7.88 won per ton for irrigation, 16.11won for M & I water, 1,686won per vehicle one pass, 977won per Pyeong according to the capital recovery method. The financial charges using straitline method for depreciation were estimated at 7.88won per ton for irrigation, 9.12won per ton for M & I water, 624won per vehicle one pass for transportation and 331won per Pyeong for sightseeing area. 5. The unit economic charges by project components were estimated at 21.1 won per ton for irrigation, 15.2won for M & I water, 977won per vehicle one pass, 977won per Pyeong according to the capital recovery method. The economic charges using straitline method for depreciation were estimated at 11.72won per ton for irrigation, 8.61won per ton for M & I water, 331won per vehicle one pass for transportation. Policy recommendation 1. The unit operation and maintenance costs for irrigation water in the paddy field couldn't be imposed as the water resource cost untreated. 2. The dam costs including investment cost and O & M cost, as a joint cost, had to be allocated by each benefited components as transportation, M & I water supply, flood control, irrigation and drainage, and sightseeing. But the agricultural comprehensive project have been dealt as an irrigation project without any appraisal socio-economic benefits and any allocating the joint cost of estuary dam. 3. All the associated project benefits and costs must be evaluated based on accounting principle and rent recovery rate of the project costs and O & M costs should be regulated by the laws concerned. 4. The rural development and promotion law and rural rearrangement law have to be revised comprising joint cost allocation considering free rider problems. 5. The government subsidy for the agricultural base development project has to be covered all the project costs. In case of common facilities representing joint cost allocation problems, all the allocated casts for other purposes like transportation and M & I water supply etc. should be recovered for formation in investment fund for agricultural base development and to procure O & M costs for irrigation facilities.

  • PDF

Standards of Protection in Investment Arbitration for Upcoming Climate Change Cases (기후변화 관련 사건에 적용되는 국제투자중재의 투자자 보호 기준)

  • Kim, Dae-Jung
    • Journal of Arbitration Studies
    • /
    • v.24 no.2
    • /
    • pp.33-52
    • /
    • 2014
  • Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

  • PDF