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RFID 도입에 따른 성공적 항만물류클러스터의 프레임워크
이준섭,임성우 경성대학교 산업개발연구소 2009 산업혁신연구 Vol.25 No.4
본 연구에서는 국내 항만물류클러스터에 속한 기업이 혁신 정보기술인 RFID를 도입함으로써 얻을 수 있는 대표적인 기대효익 요인들을 파악하여 분석하고, 분석된 기대효익 요인이 혁신전략, 제휴전략 및 마이클 포터의 차별화전략, 비용우위전략, 집중화전략 등의 본원적 경쟁전략에 미치는 영향을 분석하였다. 회귀분석의 결과, 실시간 위치추적 효율성, 정보공유 용이성, 야적장 관리 효율성, 비용 효율성, 운송시간 예측 정확성, 오류감소 등의 기대효익 요인 중에서 오류감소 요인을 제외한 다른 효익요인들은 혁신전략, 제휴전략, 차별화전략, 비용우위전략, 집중화전략 중 적어도 하나 이상의 전략에 긍정적인 영향을 미치는 것으로 나타났다. 이러한 분석결과는, 거시적인 관점에서 봤을 때 개별적인 항만물류기업들이 RFID 기술을 도입함에 따라 경쟁력을 확보함으로써 항만물류클러스터의 성공적인 프레임워크가 형성될 것이라는 점을 시사하고 있다.
이준섭 한국경영법률학회 2007 經營法律 Vol.17 No.3
【Abstract】 A Study on the Legal Improvement of Collateral and Risk Management in Securities Transaction Joon-Sub Lee The dramatic development of newly coming investment instruments as well as the rapid growth of transnational transaction is necessarily in need of safety of settlement and payment of the transactions. Therefore the collateral transaction by the relating parties and the settlement risk management play the great role for the minimizing of those risks. The management service for the collateral transaction of securities as a preventive safe guard is provided by the central depositary institute, KSD(Korea Securities Depository) in Korea. Even though the need of collateral managements is growingly on the increase, KSD has not yet established an integrate collateral management system. In principle each collateral management service has commonness. Nevertheless, the collateral management system is operated seperately on the basis of individual contracts by the relating parties. With regard to the availability, costs, liquidity of collateral assets, and efficiency of the management service this structure must be necessarily less effective than integrate collateral management system. But in order to perform the integrate collateral management more effectively, the pledging system should be changed from on the basis of the individual contracts to on that of book-entry delivery system. Also in sector of minimizing the settlement risks, the KSD provide the management service through the various instruments. With regard to the netting and settlement risks it is lack of the systematic management. Above of all, the problem is that the competence of netting service and that of settlement is still divided into different institutes. As a possible resolution is proposed in this paper that the divided competence between netting and settlement should be consolidated in a unified central institute. And the clear regal background should be established in order to activate the function of the newly consolidated institute. On this institutional basis also a construction of the integrated netting and settlement management system is necessary.
회사정관상 주식양도의 제한 - 상장허용의 제도적 조건을 중심으로 -
이준섭 한국경영법률학회 2009 經營法律 Vol.19 No.4
The regulation for the restriction on stock transfer by articles of incorporation under the Korean Commercial Act is no use in the present. This regulation was adopted from German for the purpose of defensive measures against a hostile acquisition. At that time of the adoption, there was an assumption which would be applicable to a small family or closely held corporation as an unlisted company. Under this background, listing of the restricted stocks by articles on Korea Exchange has been prohibited by Korean Stock Market Listing Regulation. The restriction on transfer of stocks, however, needs to be vitalized as an effective protection under the name of “shareholder’s autonomy” or “autonomy by corporate articles” against hostile mergers and acquisitions, like the case of Europe, especially Germany or Switzerland. Yet, with all this necessity, it requires some legal conditions: conditions for the consent decision by board of director should be differently regulated between listed and unlisted companies, and especially for the case listed company, the condition for the consent decision by the board should be certain through an acquisition limitation provided in articles of incorporation.
이준섭 한국경영법률학회 2011 經營法律 Vol.21 No.2
Several diverse laws such as Commercial Law or Act on the Capital Market are related to accounting or audit of companies in general, however Act on the Certificated Public Accountant and Act on External Audit of Stock Companies are major regulatory laws on supervision or oversight over the accounting and audit by external auditors. While the purpose of the Act on the Certificated Public Accountant is to establish the system of certificated public accountants, the regulation of Act on External Audit of Stock Companies is focused on ensuring the appropriateness of accounting through obliging a stock company to be audited by an external independent auditor. But despite of functional difference between two Acts their supervisory regulations are so duplicate that some provisions of the Act on the Certificated Public Accountant involve sanctions or enforcements against auditor's activities, which are explained as a exclusive task of Act on External Audit of Stock Companies in a view of the legislative function because of its relationship to protection of investors and of function of capital market. Also accounting supervisory organizations have similar problem. Securities & Future Commission, even though it is in origin as a lower part of Financial Supervisory Commission, undertakes exclusively official supervision and oversight in fields of accounting, audit and capital market. In this relevance an inappropriate regulations of Act on External Audit of Stock Companies, summarized as that Securities & Future Commission can not enforce by itself some selected sanctions against Auditors' breach, but can only recommend the Financial Supervisory Commission to do any enforcement, should be reformed.