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김광수(Kwang-soo Kim),권희환(Hee-hwan Kwon) 한국국제상학회 2012 國際商學 Vol.27 No.3
Korean government has tried to support Korean material & component corporations to make them bigger and be qualified for competing against global companies thorough international cooperation and M&A project. Korean government set up M&A fund and relevant policies targeting for Japan material & component corporations suffering from the absence of successor. There are also several reasons why Korean government has been interested in Japan such as much similarity in legal system and corporate culture between Japan and Korea. But we should be so careful for the possibility of disputes arising out of M&A deals because of the M&A s long-term ’ contract character and the regulation of Japanese governments. Therefore, it s so ’ important to search what kind of M&A disputes have happened in Japan and find out effective prevention and resolution method for those. With regard to international dispute resolution, Arbitration has several advantages compared with litigation such as enforceability by New York convention, confidentiality, decision making by experts and so on. When Korean companies consider arbitration as dispute resolution method in international M&A deals, they need to be more careful for several issues such as arbitration institution, seat of arbitration, appointment of arbitrators.
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안건형(Keon Hyung AHN),조인호(In Ho JOE),권희환(Hee Hwan KWON) 한국무역상무학회 2017 貿易商務硏究 Vol.75 No.-
As Multi-National Enterprises expandedtheir investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation’s charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small andmediumsized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It’s necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.
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