• 한국전자거래학회지
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• 제16권4호
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• pp.53-73
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• 2011

각종 정보보안 관련 사고의 증가에 따라, 세계 각국에서는 지속가능한 정보보호를 위한 다양한 보안책임 및 규제에 관한 법률들을 발전시켜왔다. 본 연구에서는 이러한 정책의 실효성을 분석하기 위하여 2007년 제정된 전자금융거래법이 기업의 정보보안 활동에 미치는 영향에 대한 실증적인 분석을 실시하였다. 연구 결과에 따르면, 전자금융거래법의 실효성에 대한 다양한 비판에도 불구하고, 이러한 법률의 제정이 기업의 정보보안 활동의 증가에 긍정적인 영향을 미치는 것으로 나타났다. 즉, 본 연구는 정보보호를 위한 보안책임 및 규제에 관한 법률이 정보보안의 지속적인 발전에 공헌한다는 것을 밝혀냈다.

• 한국건설관리학회논문집
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• 제1권4호
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• pp.67-73
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• 2000

SOC 민자사업의 성공을 위해서는 사업시행자의 원활한 자금조달이 필수적인데, 이를 위해서는 국내외의 다양한 재원을 통한 효율적인 프로젝트 파이낸싱이 수반되어야 한다. 본 연구는 SOC민자사업의 개요 및 현황을 살펴보고 새로운 민간투자법 체제에서 변화된 프로젝트 파이낸싱 환경을 구 민자유치법 체제와 비교.분석한다. 현체제에서도 남아있는 문제점들을 어떻게 개선하여 프로젝트 파이낸싱과 민자사업을 효율적으로 결합시킬 수 있는가에 대한 대안도 제시한다.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.201-216
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• 2018

After the adoption of the Lisbon Treaty, the European Union's Common Commercial Policy now belongs to the exclusive competence area of the EU, including the foreign direct investment (FDI) policy. Regarding the bilateral investment protection treaties (BITs) between the EU Member States, the European Commission is of the view that such BITs should be discarded. On March 6, 2018, the Court of Justice of the European Union (CJEU) held in the Achmea BV v. Slovakia case that a BIT between the EU Member States, as well as arbitral awards based on that BIT, is not subject to request for preliminary rulings under the Treaty on the Functioning of the European Union (TFEU), and thus they are not compatible with the EU law. However, the judgment did not silence the controversy. Instead, many people questioned the legal reasoning and the legitimacy of judgment, and therefore the problem is still ongoing.

• 동아시아경상학회지
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• 제3권2호
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• pp.26-30
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• 2015

Purpose-This paper aims to do research on success and failure of Chinese enterprises and suggest the implications to the Chinese enterprises by comparing the representative examples of Chinese enterprises' overseas M&A. Research Design, Data, and Methodology-This paper selected by six cases of Chinese enterprises' overseas M&A to do the contrast. Results-Consulting company still plays a very important role in Chinese enterprises' overseas M&A because Chinese enterprises' overseas M&A is being placed in growth stage. And how to grasp the development trend of industry accurate and choose the correct target enterprises is a very important issue for Chinese enterprises which can make Chinese enterprises to avoid blind investment. Conclusion-Chinese Enterprises have to evaluate the target enterprise with the aid of authoritative investment and consulting company, focus on training qualified talents and the integration after the M&A when they Overseas M&A in the future.

• 무역상무연구
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• 제36권
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• 의료법학
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• 제15권2호
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• pp.345-366
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• 2014

Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• 벤처창업연구
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• 제15권2호
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• pp.97-110
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• 2020

본 자료는 벤처생태계에 대한 정책적 제안을 중심으로 작성되었다. 첫째, 미국 벤처생태계의 3대 비밀 중 하나가 50:50의 법칙이다. 벤처 캐피털 투자와 대등하게 엔젤캐피털 투자가 뒷받침 되어야 한다. 엔젤캐피털에 해당하는 전문엔젤투자자와 엑셀러레이터가 벤처 생태계에서 차지하는 비중이 VC에 비해 낮지 않음에도 불구하고 정책적 배려에서 소외되어 있다. 관련 법령의 개정이 시급한 것으로 생각한다. 둘째, 미국 대기업은 내부 R&D보다 M&A에 더 많이 투자한다. 따라서 엑셀러레이터·전문엔젤투자자들은 창업 기업에 투자한 후 효과적으로 투자금 회수를 하게 된다. 즉 중간회수시장의 발달 없이는 엔젤캐피털이 들어오지 않는다. 엔젤캐피털과 중간회수시장은 벤처생태계를 갖추기 위한 양대 축이라고 생각한다. 이를 활성화시키기 위해서는 정부의 역할만으로는 어렵다. 민간이 들어와야 하며, 기업주도형 벤처캐피털(CVC)을 도입해야 하는 이유이다. 셋째, 국가 경제 성장을 위한 정책방향을 기존 스타트업에서 스케일업까지 확대해야 한다고 생각한다. 기업의 매출액과 고용창출은 5년 후부터 본격화되기 때문이다. 기존 연구가 자금 공급, 즉 벤처금융에 초점을 맞췄다면, 본 연구는 벤처기업 또는 벤처투자의 수명 주기라 할 수 있는 창업, 성장, 회수의 세 단계를 균형 있게 전부 다루고자 했다. 특히 실무적 완성도를 높이기 위해 챕터별 구체적인 정책을 제시했다.

• 무역상무연구
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• 제68권
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• pp.197-218
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• 2015

China is a land of guanxi, everything is connected with guanxi. China has a business culture based on guanxi connections underpinned by strong Confucian ethics. However, there are some reasons why it is difficult for western companies to run businesses in China. Firstly, foreign firms lack the understanding and experiences necessary for doing business in China. They don't know the absence of alternatives is one of reasons that guanxi is so powerful in Chinese society. Secondly, there are many misconceptions about guanxi. It is easier for many foreign scholars or businessmen to equate guanxi with corruption due to the ambiguity of guanxi. Thus, if a foreign enterprise possesses guanxi, it can be a source of competitive advantage for doing business due to lack of law systems for anti-corruption activities in China. Furthermore, it is gaining increasing importance not only in Business to Government(B2G) but also in Business to Consumers(B2C) relationships. Therefore,managers should pay great attention to the proper use of guanxi instead of being involved in corrupt behaviours because now the governments hold a strong attitude against corruption. In particular, establishment of working guanxi through red envelops(basically giving money) or illegal gifts can cause a great problem for both parties, which were naturally accepted among most government officials and businessmen until recently.

• 무역상무연구
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• 제69권
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• pp.453-472
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• 2016

As globalization is widely expanded in Islamic world as well as huge capital like oil-money is looking for new investment areas, our government should keep eyes on the current situation of Muslim market. This study will focus on the research of operation model of Islamic insurance. It will analysis on the institutional aspects of Islamic insurance(Takaful) system, which is a step further on the basis of these previous researches about Islamic finance. Takaful is conducted with various machanism such as Wakala, Mudarabah, Waqf. The mechanism can also be intermingled with one another to form other diverse contracts. However most of them are focused on basic conceptual elements of Islamic insurance system. As public interests in Islamic insurance are increasing these days, many Islam related literatures are issued accordingly. But most of them were focused on basic aspect of Islamic financial system or on the study of business management structure. The conceptual approach to evaluate the Islamic insurance market shall become the foundation of operation in conventional business law and regulation penetrate to the Islamic business environment. Therefore, the research of the operation model in Islamic insurance system as well as the search of trade engineering basis.