국제공유하천으로서의 메콩강에 관한 법적 고찰 - 메콩협약과 UNWC의 비교를 중심으로 -

이준표 ( Lee Joon Pyo ) 한국외국어대학교 동남아연구소 2017 東南亞硏究 Vol.26 No.3

International water laws define the legal rules for international water sharing among two or more countries. Currently, over 3,600 bilateral or multilateral international agreements have been signed all over the world. Although such international water agreements significantly reduce the possibility of conflict occurring, none of them is perfect and able to resolve all conflicts. In 1997, more than one hundred nations joined together to adopt the United nations Convention on the Law of the non-navigational uses of International Watercourses(UNWC)―a flexible and overarching global legal framework that establishes basic standards and rules for cooperation between watercourse states on the use, management, and protection of international watercourses. UNWC entered into force on August 2014 when Viet Nam became the required 35th country to ratify the UNWC. In the Mekong region, one such basin-specific treaty is the Mekong Agreement. Entering into force in 1995, the Mekong Agreement was adopted by the Lower Mekong Basin states of Cambodia, Lao PDR, Thailand and Viet Nam, and was accompanied by the establishment of a robust inter- governmental basin institution, the Mekong River Commission (MRC). Yet, 20 years later, the ability of the Mekong Agreement and MRC to effectively govern trans-boundary watercourse management in the region have been called into question, in particular regarding disputes related to the rapid development of hydropower dams along the river and its tributaries. The entry into force of the UNWC presents an opportunity to seek a common approach for strengthening trans-boundary water governance in the Mekong Basin. By its very nature, this framework convention provides a central body of international law on which to build basin-wide uniformity for the MRC and its member States. This will provide basin-wide consistency in the effective governance and regulation of riparian state practices. This paper provides a comparative analysis of the key substantive and procedural principles and obligations provided for in the two treaties.

사우디 회사법상 회사설립 규정의 비교법적 고찰

이준표 ( Lee Joon-pyo ),왕석동 ( Wang Seok-dong ) 한국외국어대학교 법학연구소 2013 외법논집 Vol.37 No.4

The Saudi Arabian economy has dramatically been changed with the development of oil industry and industrialization. With the discovery of massive oil resource, huge amounts of oil money have composed of big part in the Saudi Arabian economy. Moreover, Saudi Arabia became the wealthiest nation of the Middle Eastern countries. As getting advantage of the oil money, the Saudi Arabian government, since the 1970, has pursued industrial development. Development of the national economy was based on government’s plan, which the government needed more advanced foreign technology and foreign investment. For this reason, the government made a policy that help the foreigners to invest the Saudi Arabian industries. Also, many foreigners want to expand their entities in Saudi Arabian market. As wishing to conduct business in Saudi Arabia, Foreigners can establish their own company in Saudi Arabia. The general law with regard to formation and governance of companies in Saudi Arabia is the Company Law enacted by Royal Decree No.6, 1965. Under the Saudi Arabian Companies Law, the definition of company is a contract pursuant to which each of two or more persons undertake to participate, in an enterprise aiming at profit, by offering in specie or as work a share, for sharing in the profits or losses resulting from such enterprise. In addition, companies can select any type of forms that are General Partnerships, Limited partnerships, Joint Ventures, Corporations, Partnerships Limited by Shares, Limited Liability Partnerships, Variable Capital Companies, Cooperative Companies. Each company has distinguishing establishment procedure rules in campany law. Although many of Korean companies enter into the Saudi Arabian market, there are few studies which provide the establishment procedure of the Saudi Arabian Company Law. In particular, the amount of trade between Saudi Arabia and Korea has increased sharply with FTA. Thus it is important to study the Saudi Arabian Company Law.

메콩경제권 국가들의 기업법에 관한 비교법적 고찰 -회사의 설립을 중심으로-

이준표 ( Joon Pyo Lee ) 연세대학교 법학연구원 글로벌비즈니스와 법센터 2012 연세 글로벌 비즈니스 법학연구 Vol.4 No.1

The Greater Mekong Subregion(GMS) is a development project set by the Asian Development Bank in 1992. GMS`s countries consist of six countries near the Mekon g River basin, namely Cambodia, Laos, Myanmar, Thailand, Vietnam and the Yunnan Province of China. With assistance from the Asian Development Bank, the six countr ies entered into a program of subregional economic cooperation, designed to enhanc e economic relations among the countries. In particularly China, Vietnam, Cambodia, Laos and Myanmar are the so-called transition countries. In the late 1980s, China, Vietnam, Cambodia, Laos and Myanmar abandoned their centrally-planned, socialist models and began the transition to more open and market-oriented capitalist econom ies. China, Vietnam and Thailand have recently revised the Enterprise law. It significan tly improved the process for forming a new company. The Enterprise Law creates more transparent procedures for private businesses, significantly simplifies regulation s and procedures to start businesses, and moves from discretionary licensing to auto matic registration, by way of the implementation of a negative list of restricted or prohibited activities. However, the ambiguity in licensing and regulatory procedures impedes the daily work and growth opportunities of enterprises. Furthermore, the continued state domination of the national economy limits the opportunities for robu st private enterprise. Therefore, more comparative studies on the enterprise law of advanced industrial nations including Korea can be essential for the development of enterprise law in GMS`s countries.

메콩경제권 국가들의 기업법상 회사설립제도 -한국 상법과의 비교를 중심으로-

이준표 ( Joon Pyo Lee ) 한국외국어대학교 동남아연구소 2012 東南亞硏究 Vol.22 No.1

The Greater Mekong Subregion(GMS) is a development project set by the Asian Development Bank in 1992. GMS`s countries consist of six countries near the Mekong River basin, namely Cambodia, Laos, Myanmar, Thailand, Vietnam and the Yunnan Province of China. With assistance from the Asian Development Bank, the six countries entered into a program of subregional economic cooperation, designed to enhance economic relations among the countries. In particularly China, Vietnam, Cambodia, Laos and Myanmar are the so-called transition countries. In the late 1980s, China, Vietnam, Cambodia, Laos and Myanmar abandoned their centrally-planned, socialist models and began the transition to more open and market-oriented capitalist economies. This paper introduces the framework of the Enterprise Law comparing with the Korean law in some points. Especially, this paper focuses on the company`s establishment. Vietnam and Thailand have recently revised the Enterprise law. It significantly improved the process for forming a new company. The Enterprise Law creates more transparent procedures for private businesses, significantly simplifies regulations and procedures to start businesses, and moves from discretionary licensing to automatic registration, by way of the implementation of a negative list of restricted or prohibited activities. However, the ambiguity in licensing and regulatory procedures impedes the daily work and growth opportunities of enterprises. Furthermore, the continued state domination of the national economy limits the opportunities for robust private enterprise. Therefore, more comparative studies on the enterprise law of advanced industrial nations including Korea can be essential for the development of enterprise law in GMS`s countries.

동남아시아 체제전환국가의 법체계 및 기업입법 동향

이준표 ( Lee Joon-pyo ) 한국외국어대학교 법학연구소 2012 외법논집 Vol.36 No.3

Vietnam, Cambodia, Laos and Myanmar are the so-called transition countries in the Southeast Asia. In the late 1980s, Vietnam, Cambodia, Laos and Myanmar abandoned their centrally-planned, socialist models and began the transition to more open and market-oriented capitalist economies. This paper introduces the legal systems of the so-called transition countries and examines each country’s Enterprise law with respect to legislative background, structure and characteristics. These countries have continuously legislated and revised Enterprise Law toward a progressive direction. But it is still uncertain to make sure the effectiveness of Enterprise Law because of each country’s political and social issues. In fact, there are not much of lawsuits or precedents which are based on their enterprise Law. Therefore, the most important task for Enterprise Law of these countries is to increase the effectiveness of Enterprise Law and help these countries establish and manage forms. As I mention earlier, regulations of Korea Enterprise Law could be good examples to modify Enterprise Law of these countries.

베트남 프랜차이즈 관련 규제의 형성과 발전

이준표(Lee, Joon-Pyo) 동아대학교 법학연구소 2020 東亞法學 Vol.- No.88

본 연구는 베트남의 프랜차이즈 법제정비동향과 현행 베트남 프랜차이즈 규제의 주요 내용을 고찰하는 것을 목적으로 한다. 베트남에는 한국과 달리 프랜차이즈 거래만을 규율하는 프랜차이즈 관련 통합법이 존재하지 않는다. 그러나 상법을 중심으로 한 기본법 체계가 잘 갖추어져 있다. 또한 시행령이나 시행규칙 등을 지속적으로 제․개정하고 있을 뿐 아니라, 내용에 있어서도 프랜차이즈 활동의 규제를 완화하고 철폐하는 등 프랜차이즈 산업 발전을 위한 노력을 지속하고 있다. 상법상 구체적인 프랜차이즈 규제 내용과 관련하여, 최근 주목할 만한 개정사항이 발표되었다. 프랜차이즈 관련 행정절차를 줄이고 업무를 용이하게 하는데 목적이 있는 것으로 평가된다. 다만, 프랜차이즈의 등록 의무는 그대로 존속하고 있으며, 주무부서인 산업무역부가 가맹업자에 대하여는 관련 법령을 엄격하게 해석하고 있다. 한편, 베트남은 여전히 정치적으로는 사회주의를 택하고 있기 때문에, 베트남 특유의 법치에 대한 이해 없이, 단순한 법규의 분석만으로 베트남 법제도를 이해하는데 한계가 있다. 또한 도이머이 개혁이후, 법체계가 확립되어 가는 과정 속에서 분쟁의 감소, 예측가능성의 증가 등의 긍정적인 변화를 부인할 수 없지만, 사법독립과 법적 이행력의 한계는 여전하다. 베트남이 기대하는 프랜차이즈 산업의 지속적으로 발전을 위하여, 먼저 투명하고 정확한 법제도적 기반이 마련되어야 할 것이다. The purpose of this study is to examine the trend of Vietnam"s franchise legislation and the main contents of the current Vietnam franchise regulation. In Vietnam, unlike Korea, there is no franchise-related consolidation law. However, the basic law system centered on commercial law is well established. In addition, it not only continuously enacts and revises the enforcement ordinances or enforcement regulations, but also continues to make efforts to develop the franchise industry by easing and eliminating regulations on franchise activities. On the other hand, since Vietnam still chooses to remain a socialistic country, there is a limit to understand the Vietnamese legal system by simply analyzing laws and regulations without understanding Vietnam"s unique laws. In addition, after the reform of Doi-Moi, it is undeniable that positive changes, such as decrease in dispute and increase of predictability, can occur in the process of establishing a legal system, but the limits of judicial independence and legal performance remain unsolved. For the continued development of the franchise industry that Vietnam expects, a transparent and accurate legal and institutional foundation must be established beforehand.

저급 폐유지의 바이오디젤 원료 활용을 위한 중화탈산 및 FAME 전환 가능성 평가

이준표(Joon-pyo Lee),이진석(Jin-suk Lee),박지연(Ji-yeon Park),김민철(Min-cheol Kim),조재완(Jae-wan Cho),김덕근(Deog-keun Kim) 한국신재생에너지학회 2023 신재생에너지 Vol.19 No.4

The current mandatory domestic biodiesel blending ratio is 3.5%, which is planned to be gradually increased to achieve carbon neutrality by 2050. The aim of this study was to improve domestic self-sufficiency in biodiesel raw oil by conducting a technical review on the possibility of utilizing waste oils, such as soup oil, chicken oil, and leather oil, as biodiesel feedstocks. These waste oils have an acid value that is too high to be converted directly into biodiesel. Therefore, a pretreatment to reduce the acid value is necessary. The neutralization process was examined as a potential technology for reducing the acid value. The oil recovery rate of the soup oil after neutralization was significantly low at 37.6 wt%. The oil recovery rates of leather oil and chicken oil were 66.49 wt% and 79.08 wt%, respectively. Based on biodiesel conversion experiment using waste oil with a reduced acid value, the conversions were analyzed as 89 wt%, 91.1 wt%, and 90.5 wt% for soup oil, leather oil, and chicken oil, respectively. Thus, it is technically possible to use soup oil, leather oil, and chicken oil as raw materials for producing biodiesel.

음식폐기물의 혐기성 분해에 대한 암모니아와 염분의 영향

이준표(Joon Pyo Lee),박순철(Soon Chul Park),이승희(Seung Whee Rhee) 大韓環境工學會 1997 대한환경공학회지 Vol.19 No.9

동남아체제전환국의 기업법상 회사지배구조에 관한 연구 -주주총회를 중심으로-

이준표 ( Joon Pyo Lee ),왕석동 ( Suk Dong Wang ) 한국외국어대학교 동남아연구소 2013 東南亞硏究 Vol.23 No.2

In the late 1980s, Vietnam, Laos and Cambodia abandoned their centrally-planned, socialist models and began the transition to more open and market-oriented capitalist economies. This paper introduces the Corporate Governance of the Enterprise Law comparing with the Korean law. The proportion of share ownership which is required to decide the right of the minority shareholders is still a little bit high in terms of protecting investors. So like Korea`s example, the requirement of being the minority shareholders should be simple and it should be easier for the minority shareholders to assert their rights, in order to protect the minority shareholders and enhance the surveillance against business management. However, actually the Enterprise Law of only some transition countries in the Southeast Asia stipulates these regulations. And even if they are stipulated in the Enterprise Law, the legal effectiveness of these regulations can`t be assured. Those countries among transition countries in the Southeast Asia have continuously legislated and revised Enterprise Law toward a progressive direction. But it is still uncertain to make sure the effectiveness of Enterprise Law because of each country`s political and social issues. In fact, there are not much of lawsuits or precedents which are based on their enterprise Law. Therefore, the most important task for Enterprise Law of transition countries in the Southeast Asia is to increase the effectiveness of Enterprise Law and help transition countries in the Southeast Asia establish and manage forms. As I mention earlier, regulations of Korea Enterprise Law could be good examples to modify Enterprise Law of transition countries in the Southeast Asia.

메콩 유역의 지속가능한 개발을 위한 법적 과제

이준표(Joon-Pyo Lee) 한국공간환경학회 2015 공간과 사회 Vol.25 No.4

대표적인 국제공유하천인 메콩강에서는 ‘개발과 환경’이라는 이슈와 관련해서 상류유역(중국, 미얀마)과 하류유역(라오스, 태국, 캄보디아, 베트남) 간의 이해관계가 복잡하게 얽혀 있다. 메콩강위원회(MRC)를 중심으로 한 현재의 메콩강 협력체계는 이러한 문제들을 제대로 해결하지 못하고 있다. 향후 메콩강과 연계된 다양한 이익주체들 간의 갈등 해소 내지 지속적인 협력을 위해서는 실질적인 협력체계, 즉 강제력 있는 거버넌스 및 법적·제도적 기반이 마련될 필요가 있다. 본연구에서는 먼저 메콩강 협력체계의 형성과 발전 과정에 대하여 개관한 후, ‘메콩강위원회’의 기반이 되는 ｢메콩강유역의 지속가능한 개발을 위한 협력에 관한협약｣(1995)의 연혁과 체계 및 주요 내용을 검토하고자 한다. 이를 통해 현재 메콩강 협력체계의 문제점을 도출하고, 향후 메콩강의 지속가능한 개발을 위한 법적 과제를 모색해보고자 한다. The Mekong River Basin is divided into two distinguished hydro-politics, four Lower Mekong Basin States ― Laos, Thailand, Cambodia and Vietnam and two Upper Mekong Basin States ― China and Myanmar. This basin is in the midst of a regional debate over development cooperation versus ecological preservation. The lower Mekong states, Laos, Thailand, Cambodia and Vietnam have a long history of cooperation. The Mekong regime has evolved over three distinct periods, each with its own constitutional framework: the Mekong Committee era(1957∼1975), the Interim Mekong Committee era(1976∼1995), and the Mekong River Commission era(1995∼present). In 1995, Cambodia, Laos, Thailand and Vietnam concluded the ‘Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin’ and formed the Mekong River Commission, which has been lauded as the most progressive institution of river and a model for the world. However, there are many aspects of the Mekong Regime that should be strengthened in order to secure environmental, economic and social benefits. Improved regional coordination of sustainable water management among Mekong countries and stakeholders is crucial to foster equitable development and economic cooperation and ensure the peaceful coexistence of Mekong communities in the long term. This article suggests the following four assignments for sustainable development in the Mekong River Basin: (a) the amendment of the ‘Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin(1995)’, (b) the reinforcement of power and function of ‘Mekong River Commission(MRC)’, (c) the arrangement of legal system and improvement of its effectiveness under each basin’s country.