• 한국중재학회지:중재연구
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• 제29권4호
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• pp.187-210
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• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• International Journal of Computer Science & Network Security
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• 제23권9호
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• pp.37-46
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• 2023

The main aim of the article is to solve the problem of automating price monitoring using marketing forecasting methods and Excel functionality under martial law. The study used the method of algorithms, trend analysis, correlation and regression analysis, ANOVA, extrapolation, index method, etc. The importance of monitoring consumer price developments in market pricing at the macro and micro levels is proved. The introduction of a Dummy variable to account for the influence of martial law in market pricing is proposed, both in linear multiple regression modelling and in forecasting the components of the Consumer Price Index. Experimentally, the high reliability of forecasting based on a five-factor linear regression model with a Dummy variable was proved in comparison with a linear trend equation and a four-factor linear regression model. Pessimistic, realistic and optimistic scenarios were developed for forecasting the Consumer Price Index for the situation of the end of the Russian-Ukrainian war until the end of 2023 and separately until the end of 2024.

• 무역상무연구
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• 제19권
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• pp.96-118
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• 2003

Government tries to revise the article 25 in Korea Maritime Transport Act which describes subject of coastal carriage for exported-imported container cargoes. The subject of coastal carriage will be replaced coastal carrier by ocean liner carrier according to the revised article 25. By adopting the revised article, coastal shipping industry will be deteriorated in terms of returns on investment, sales and etc. Even though the revision is inevitable to harmonize the flow of exported-imported container cargo movement, coastal shipping industry should be developed and restructured to get competitive power and to set up an efficient international logistics system. To enhance competitive power of coastal shipping companies successfully, government must realize the importance of coastal shipping, and aid the industry through various methods such as arrangement of law and regulation, indirected financial assistance, decrease of tax rate, etc.

• Journal of Preventive Medicine and Public Health
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• 제43권6호
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• pp.455-458
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• 2010

The Affordable Care Act (ACA) was signed into law on March 23, 2010 and will fundamentally alter health care in the United States for years to come. The US is currently one of the only industrialized countries without universal health insurance. The new law expands existing public insurance for the poor. It also provides financial credits to low income individuals and some small businesses to purchase health insurance. By government estimates, the law will bring insurance to 30 million people. The law also provides for a significant new investment in prevention and wellness. It appropriates an unprecedented $15 billion in a prevention and public health fund, to be disbursed over 10 years, as well as creates a national prevention council to oversee the government's prevention efforts. This paper discusses 3 major prevention provisions in the legislation: 1) the waiving of cost-sharing for clinical preventive services, 2) new funding for community preventive services, and 3) new funding for workplace wellness programs. The paper examines the scientific evidence behind these provisions as well as provides examples of some model programs. Taken together, these provisions represent a significant advancement for prevention in the US health care system, including a shift towards healthier environments. However, in this turbulent economic and political environment, there is a real threat that much of the law, including the prevention provisions, will not receive adequate funding.

• 무역상무연구
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• 제23권
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• pp.341-372
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• 2004

Since China was admitted to the World Trade Organization (WTO) on December 11, 2001, China has sped up its active participation in the competition of the world economy by lifting its trade and investment restrictions and limits. Its trading system is getting more and more free and its huge market with a population of 1.3 billion has been getting more and more open. With Chinas WTO accession, China has been honoring its commitments to its WTO members by complying with international business practices and WTO rules. For example, it will cut down its import tariffs for automobiles from the present 80% to 25% by 2006. Its financial sector and service industries are open to foreign investors now. As Chinas biggest business partner, Japan has benefited tremendously from Chinas open policies and deepening economic reform. In order to reduce the costs of production, a large number of enterprises from Japan have set up production bases in China since a Chinese workers wages accounts for only one tenth of those of a Japanese worker on the average. Japan has become one of Chinas biggest investors on a par with the United States of America (USA). How are the Japanese enterprises in Japan and in China adjusting themselves to the rapid changes of the Chinese market? What characteristics do the Japanese enterprises in China have? What effects has Chinas WTO accession had on those Japanese enterprises that have invested in China? This paper finds answers to the above questions. It at first reviews the Sino-Japanese economic and trade relations since 1980s, then analyses the situation and characteristics of Japanese-invested enterprises in China, and explores their problems in China. Finally it puts forward some suggestions for the Japanese enterprises in China.

• 한국중재학회지:중재연구
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• 제24권1호
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• pp.45-58
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• 2014

It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

• 산업경영시스템학회지
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• 제35권3호
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• pp.192-203
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• 2012

As a leading nation of ubiquitous technology, South Korea has been promoting u-City pilot projects throughout the country. According to 'Fundamental Construction Law of u-City,' u-City projects are classified into old-town and new-town types. However, most projects have focused only on the new-town type. Pushing forward large-scale land development projects, Korea Land and Housing Corporation (LH Co.) under Ministry of Land Transport and Maritime Affairs (MLTM) has gained a development profit out of the u-City infrastructure and then donated the infrastructure to a local government without making any plan for operations. In the process of u-City pilot projects, old-towns have been relatively ignored and various of unexpected problems have emerged. Building the u-City of an old-town is not easy due to many constraints such as huge initial investment, long validity and verification procedures, lack of useful services for citizens, lack of professional outsourcing methods for business promotion, high operating costs of the integrated control center, inadequate law related, insufficient institutional requirements and so on. This paper introduces a case study on u-City development for an old-town, Ansan City, as a private investment project. The case will help boost u-City projects for old-towns by solving their problems and providing an effective operational mechanism. As the first BTL (Build-Transfer-Lease) project for constructing u-City, 'Broadband Information Network Development Project' of Ansan City will provide a reference model of expanding u-City projects for other cities.

• 신재생에너지
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• 제16권4호
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• pp.65-75
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• 2020

The value of tangible assets depreciates over their useful life and this depreciation should be adequately reflected in any tax or financial reports. However, the method used to calculate depreciation can impact the financial performance of solar projects due to the time value of money. Korean tax law stipulates only one method for calculating the depreciation of solar photovoltaic facilities: the straight-line method. Conversely, USA's tax law accepts other depreciation methods as solar incentives, including the modified accelerated cost recovery system (MACRS) and Bonus depreciation method. This paper compares different depreciation methods in the financial analysis of a 10 MW solar system to determine their effect on the financial results. When depreciation was calculated utilizing the MACRS and Bonus depreciation method, the internal rate of return (IRR) was 10.9% and 16.4% higher, respectively, than when the Korean straight-line depreciation method was used. Additionally, the increased IRR resulting from the use of the two US methods resulted in a 20.5% and 27.4% higher net present value, respectively. This shows that changing the depreciation calculation method can redistribute the tax amount during the project period, thereby increasing the discounted cash flow of the solar project. In addition to increasing profitability, USA's depreciation methods alleviate the uncertainty of solar projects and provide more flexibility in project financing than the Korean method. These results strongly suggest that Korean tax law could greatly benefit from adopting USA's depreciation methods as an effective incentive scheme.

• 한국중재학회지:중재연구
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• 제20권1호
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• The Journal of Asian Finance, Economics and Business
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• 제7권7호
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• pp.15-25
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• 2020

This empirical research aims to identify the relationship between fiscal and financial macroeconomic fundamentals and the volatility of government bonds' borrowing cost in an emerging country - Vietnam. The study covers the period from July 2006 to December 2019 and it is based on a sample of 1-year, 3-year, and 5-year government bonds, which represent short-term, medium-term and long-term sovereign bonds in Vietnam, respectively. The Generalized AutoRegressive Conditional Heteroskedasticity (GARCH) model and its derivatives such as EGARCH and TGARCH are applied on monthly dataset to examine and suggest a significant effect of fiscal and financial determinants of bond yield volatility. The findings of this study indicate that the variation of Vietnam government bond yields is in compliance with the theories of term structure of interest rate. The results also show that a proportion of the variation in the yields on Vietnam government bonds is attributed to the interest rate itself in the previous period, base rate, foreign interest rate, return of the stock market, fiscal deficit, public debt, and current account balance. Our results could be helpful in the macroeconomic policy formulation for policy-makers and in the investment practice for investors regarding the prediction of bond yield volatility.