The Comparative Study Of The Institutions Of The Admission Of Foreign Investment Between China And Korea

This paper is aimed at carrying out some meaningful exploration of theinstitutions of the admission of foreign investment in China and Korea to obtain adeeper understanding of the institutions of the admission of foreign investment in thetwo countries. Apart from the introduction and conclusion part, the main body of thispaper consists of the following seven chapters.Chapter 1: The theoretical structure of the institution of the admission of foreigninvestment. This chapter inquires into the concept of foreign investment and theconcept of admission of foreign investment and introduces the main content of theinstitution of the admission of foreign investment and different forms of admission offoreign investment. It also probes into the issue of treatment of foreign investment.Chapter2: Legal systems for the institution of the admission of foreigninvestment. This chapter explores the basic rules of the institution of the admission offoreign investment at different levels in the system of international law, examines anddraws comparison of different domestic law systems for the admission of foreigninvestme, nt in China and Korea and makes proposals concerning the issue.Chapter 3: Historical evolution and current situation of the institutions of theadmission of foreign investment in China and Korea. At the beginning, this chaptergives a brief review of the trend of the liberalization of the admission of foreigninvestment, and then it introduces the historical evolution of the institutions of theadmission of foreign investment in China and Korea and the respective legal featuresin each phase of evolution. Through comparison and analysis of the evolution of theinstitutions of the admission of foreign investment in the two countries, this chapterattempts to facilitate the understanding of the causes of similarity and differencebetween the two countries in the institution of the admission of foreign investment.Chapter4: Comparison of the area for the admission of foreign investment inChina and South Korea. This chapter discusses the similarity and difference betweenChina and South Korea in areas open to admission of foreign investment, introduces and compares the rules of admission of foreign investment to banking, securities,communications, legal service and medical service, which are deemed sensitiveindustries in both countries.Chapter 5: Admission of foreign investment in the form of green land investment.At present, the prevailing form of attracting foreign investment in China is to establishnew enterprise, which is also called the form of green land investment. This chapterintroduces the systems for the formation of foreign-invested enterprise such as theclassification of foreign-invested enterprise, the examination and approval system andthe procedure for establishing a new company. It mainly focuses on the institution ofthe formation of Limited Liability Company and incorporated company in China andKorea and then compares and analyzes green land investment in the two countries.Chapter 6: Admission of foreign investment in the form of merger andacquisition. This chapter introduces general rules about merger and acquisition inChina and Korea. It mainly focuses on the rules of merger and acquisition of listedcompany and anti-trust systems which are closely related to merger and acquisitionand then compares and analyzes the admission of foreign investment in the form ofmerger and acquisition in the two countries.Chapter 7: Admission of foreign investment in other forms. This chapterintroduces and compares other forms of admission of foreign investment such asestablishment of branches, BOT and securities investment by overseas investors.