쉰들러 · 한국정부 간 투자중재에 관한 연구 - 유상증자 및 전환사채와 관련한 쟁점을 중심으로 -

다국어 초록 (Multilingual Abstract)

As it became known that a large amount of state compensation was paid for the Lone Star and Elliott cases, in the ISD raised against the Korean government, public interest is increasing. In this paper, the main contents and issues of ISD between Schindler Holding AG, and the Korean government are discussed. There are two issues in this case. First, there are issues related to paid-in capital increase. Second, issuance of convertible bonds. Although it has the appearance of issuing convertible bonds with a third-party allocation method, in reality, it was used for the purpose of defending management rights by issuing warrants, which are prohibited by law, and argued that it violates the domestic capital market law. There is a potential violation of Article 3 General Treatment and Protection and Article 4 National Treatment and Most Favored Nation Treatment of the Korea-EFTA FTA. The author’s personal opinion was presented after examining whether it was made in accordance with domestic standards, focusing on the company’s disclosures. It is hoped that the results of this study will contribute to supplementing the logic of the Korean side in a situation where ISD is raised against the Korean government one after another.