사외이사의 독립성 강화방안

원동욱 ( Dong Wook Won ) 안암법학회 2007 안암 법학 Vol.- No.24

한,중 대도시권의 물류 경쟁력 비교분석: 서울-인천, 베이징-톈진, 상하이 3대 대도시권을 중심으로

원동욱 ( Dong Wook Won ),한상용 ( Sang Yong Han ) 현대중국학회 2008 현대중국연구 Vol.10 No.1

The objective of this study is to evaluate logistics competitiveness of the Korea and China Metropolitan Areas such as Seoul-Incheon, Peking-Tianjin, and Shanghai, using analytic hierarchy process. Evaluation of logistics competitiveness was performed through experts` survey and interview, including logistics company and specialist in Korea and China. The objective of this study is to evaluate logistics competitiveness of the Korea and China Metropolitan Areas such as Seoul-Incheon, Peking-Tianjin, and Shanghai, using analytic hierarchy process. Evaluation of logistics competitiveness was performed through experts` survey and interview, including logistics company and specialist in Korea and China. As empirical results, Shanghai was ranked as highest area in overall logistics competitiveness aspect, followed by Seoul-Incheon, Peking-Tianjin. Especially, logistics competitiveness of the Seoul-Incheon area was superior to Peking-Tianjin, and Shanghai areas in aspects of technology, business, airport service and facility, and airport demand and management. However, logistics competitiveness of the Seoul-Incheon area was inferior to Peking-Tianjin, and Shanghai areas, in aspects of potential growth, hub competitiveness, port service and facility, and port demand and management.

중국의 대북정책과 동맹의 딜레마: 천안함 사건을 중심으로

원동욱 ( Dong Wook Won ),김재관 ( Jae Kwan Kim ) 현대중국학회 2010 현대중국연구 Vol.12 No.1

This paper tries to analyze the China`s North Korea policy and dilemma of alliance between Sino & NK concerning the Sinking of the Cheonan. Peace and stability on the Korean Peninsular is China`s core national interest and strategic goal. China as `a responsible great power` has made efforts to drive North Korea polices such as the denuclearization of North Korea, prevention of a sudden North Korean regime collapse, maintenance of military alliance between Sino and NK, support for North Korea`s reform and opening-up policy, maintaining Six-party talks, and so forth. Although North Korea has been considered `strategic burden` to the China since the second round development of nuclear weapon in 2002, it seems that the China has been still dealing with North Korea as `strategic asset` called `buffer zone`. In regards to China`s North Korea policies, though China has faced a dilemma of alliance called `abandonment` and `entrapment` since North Korea`s development of nuclear weapon, it supported North Korean regime through refusing to impose U.N. sanctions on North Korea led by U.S. and South Korea. By Using three countermeasures to evade U.N. sanction against North Korea over the sinking of the Cheonan, China contributed to preventing North Korea from being imposed sanctions by U.N. There are three countermeasures taken by China including `separation approaches`, `neutral attitudes`, and `objection to U.N. sanctions against North Korea`.

북중경협의 빛과 그림자: 창지투 개발계획과 북중 간 초국경 연계개발을 중심으로

원동욱 ( Dong Wook Won ) 현대중국학회 2011 현대중국연구 Vol.13 No.1

This paper examines economic cooperation between China and North Korea which enters into a new phase by ``the Changchun- Jilin-Tumen program``. In consequence, China-North Korea cross- border development in Tumen region, which is propelled by ``the Changchun-Jilin-Tumen program``, can induce North Korea to adopt the reform and open policy through a stable management. On the contrary, this will deepen North Korea`s dependence on China, because the cooperative development between China and North Korea is proceeding without South Korea`s participation while North-South Korea relations are still keeping on worsening. Therefore, South Korea has to pushfully engage and participate in the multilateral cross- border development in Tumen region, which will henceforth be a strategic base of not only Korea peninsular but also Northeast Asia.

기업지배구조관련(企業支配構造關聯) 상법개정안(商法改正案)의 주요내용 및 향후과제 -집행임원제도(執行任員制度)를 중심으로-

원동욱 ( Dong Wook Won ) 단국대학교 법학연구소 2008 법학논총 Vol.32 No.1

In the amendment of the Korean Corporate Law, the definition of the outside directors, limitation of the liability of the director and the officer try to be introduced. The outside director were introduced to improve the manager-monitoring role of corporate board of directors after the financial and currency crisis in Korea. But there are several problems concerning the outside director in Korea. The most important thing is the independence of the outside director. The primary purpose of this study is to explain the contents of amendment of corporate law concerning the officer. The definition, qualifications, authorities, duties, liabilities of the officer are prescribed in the amendment of corporate law. The secondary purpose is to explain the problems to be solved in concerned with the outside director and officer. First, it is necessary to reenforce the supervisory role of the board of directors. In Korea the roles of corporate boards in public corporation have been changed and the outside directors, and audit committee have been introduced, finding out the necessity to pay attention to the independence of outside directors from management. Second, it should be mandated to introduce the officer in large public corporation if outside directors and audit committee should be introduced. De facto officer would be selected under the bylaws or a resolution of the board of directors in many publicl corporation if the corporation may have officer under the amendment of corporate law. Third, The business judgment rule is a helpful description of a basic principle applicable to business decisions by boards of directors. By the application of that rule, the decisions made by the board of directors upon reasonable information and with some rationality do not give rise to directorial liability for many types of actions that turn out badly from the standpoint of the corporation. But the business judgment rule is not introduced in corporate law. A lot of Korean corporations tries to be globalized in many aspects. Their management have discretionary authority in conducting domestic as well as international business. I think it is required to protect the management by business judgment rule.

미국에서의 기업의 사회적 책임

원동욱 ( Dong Wook Won ) 단국대학교 법학연구소 2013 법학논총 Vol.37 No.4

The financial crisis reminds us how entwined some corporations-notably large financial corporations-are with the economy and society. Although a number of factors contributed to the downturns of the past century, corporate disregard for the greater public interest played a role. The problem with the dominant conception-shareholder primacy and wealth maximization--is that the directors are encouraged to demonstrate their allegiance to shareholder interests. This behavior leads to an unremitting focus on the short term. Legal debates over corporate social responsibility in the U.S. stretch from the 1930s to the twenty-first century. They have engaged some of the leading legal minds of the century, and advocates and enemies of corporate social responsibility still win publication in the country`s most prestigious legal journals. Contemporary works on corporate social responsibility touch on deep and important questions: what does the corporation owe to its shareholders? to its workers? to the larger community? But there is a problem with these debates: they rarely seem to go anywhere. The starting place for any proposed reform is simple acknowledgment that corporations should be restrained by public responsibility. This is barely hurdle, since most scholars and commentators acknowledge that corporations have ethical duties, and a public purpose has historically guided corporate activity. Unfortunately, corporations are not required to perform acts that are beneficial to society; rather, they merely need to refrain from acts that harm society. Some scholars insist that the public duty must be defined and codified. The United Kingdom enacted the Companies Act of 2006, which could offer guidance for what might the legislation of public purpose look like.

동북공정의 내재화, 중국 동북지역 인프라개발의 전략적 함의

원동욱(Won Dong Wook) 한국국제정치학회 2009 국제정치논총 Vol.49 No.1

This research aims at showing the internalization of China˚Øs Northeast Project through analyzing some important projects of the Northeast Development Strategy like 'Eastern Border Railway Project' and 'North Korea-Sino Road-Port-Region Integration Project'. China's Northeast Project is not merely 'the question of the title to the history of Koguryo' or 'an academic history research project', but also is a part of the northeast borderland development strategy as an ideological base, which copes with the change of international situation in Northeast Asia. The Northeast Development Strategy means an economic support for securing the power of new growth, tightening regional stability, and leading a new international order of Northeast Asia through rebuilding outdated northeast region of China. This research shows that China's Northeast Project and the Northeast Development Strategy, which have been simultaneously driven by China's new leadership, are coordinating as two axes to promote the security of Northeastern region and, what is more, to boost China's influence on the Korean peninsular and Northeast Asia. In other words, China's Northeast Project is in the process of internalization through the Northeast Development Strategy, after it basically completed the reshaping of historical identity on the northeast region. It takes a direction toward more aggressive goal to enlarge China's influence on North Korea and the Korean peninsular and to secure its initiative in Northeast Asia Economies, in particular through infrastructure development projects.

중국 환경문제에 대한 재인식 -경제발전과 환경보호의 딜레마-

원동욱 ( Dong Wook Won ) 한국환경연구원 2006 환경정책연구 Vol.5 No.1

China has achieved great economic growth above 9% annual since it changed to more of a market economy system by its reform and open-door policy. At the same time, China has experienced severe ecological deterioration, such as air and water pollutions caused by its rapid urbanization and industrialization. China is now confronted with environmental pollution and ecological deterioration at a critical point, at which economic development in China is limited. Moreover, environmental problems in China have become a lit fuse for social fluctuation beyond pollution problems. The root and background of environmental problems in China, firstly, are its government`s lack of understanding of these problems and incorrect economic policies affected by political and ideological prejudice. Secondly, the plundering of resources, ‘the principle of development first’ which didn`t consider environmental sustainability is another source of environmental deterioration in China. In addition, a huge population and poverty in China have increased the difficulty in solving its environmental problems, and in fact have accelerated them. The Chinese government has established many environmental laws and institutions, increased environmental investments, and is enlarging the participation of NGOs and the general public in some limited scale to solve its environmental problems. However, it has not obtained effective results because of the lack of environmental investments owing to the government`s limit of the development phase, a structural limit of law enforcement and local protectionism, and the limit of political independency in NGOs and the lack of public participation in China. It seems that China remains in the stage of ‘economic development first, environmental protection second’, contrary to its catch-phrase of ‘the harmony between economic development and environmental protection’. China is now confronted with dual pressure both domestically and abroad because of deepening environmental problems. There are growing public`s protests and demonstrations in China in response to the spread of damage owing to environmental pollution and ecological deterioration. On the other hand, international society, in particular neighboring countries, regard China as a principal cause of ecological disaster. In the face of this dual pressure, China is presently contemplating a ‘recycling economy’ that helps sustainable development through the structural reform of industries using too much energy and through more severe law enforcement than now. Therefore, it is desirable to promote regional cooperation more progressively and practically in the direction of building China`s ability to solve environmental problems.

중국의 지역개발과 철도수송로 확보전략: 균형과 발전

원동욱 ( Dong Wook Won ) 국제지역학회 2005 국제지역연구 Vol.9 No.3

미세먼지에 대한 중국의 대응과 지역협력방안: 인지공동체구축을 중심으로

원동욱 ( Dong Wook Won ) 조선대학교 동북아연구소 2014 동북아연구 Vol.29 No.2

Environmental problems are not limited in the territory of a certain country. The pollutant, which is generated in one point of a certain country, gradually spreads to its surroundings and has an effect on neighboring countries jumping over boundaries. Acid rain, yellow dust and the Yellow Sea pollution make up the transboundary pollutions in Northeast Asia. In particular, fine dust as a transboundary pollution which has been continuously generated in China, is becoming a new conflict factor. However, this transboundary pollution is also functioning as an agenda which is promoting regional cooperation between neighboring countries. China, which has taken a passive stance in constructing the environmental regime, is turning to a positive stance. Because it wants to cope with international pressure to play the role of “responsible big power”, to escape from a dishonor of regional polluter, and to find a way towards sustainable development through promoting green industries. Nevertheless, it still adheres to a negative stance on a binding agreement, because of “scientific uncertainty”. In this regard, this paper discusses the necessity of constructing a complex cooperative network between various regional actors and “epistemic communities” which is a matter of building an environmental regime in Northeast Asia to solve fine dust problem.