• Title/Summary/Keyword: 규제의 역차별

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A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.1-14
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    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

2002년 경제환경의 변화와 경쟁정책의 방향

  • 신현윤
    • Journal of Korea Fair Competition Federation
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    • no.77
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    • pp.13-17
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    • 2002
  • 일각에서 우리 경제현실을 감안하지 않은 재벌에 대한 과도한 규제 및 이로 인한 외국기업과의 역차별성을 강조하는 반론도 만만치 않았던 것이 사실이나, 무엇보다도 간과할수 없는 것은 이러한 재벌규제의 논리는 자본주의 경제의 부패를 방지하기 위한 불가피한 선택으로서, 결코 재벌기업에 대한 자유의 구속이 아니라 오히려 그 동안 자유방임에 의한 구속으로부터의 모든 경제주체의 경제적 자유와 자율성 보장을 위한 것이며, 장기적으로 우리 경제의 체질을 강화하는데 기여하게 될 것이라는 점이다.

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Strategies of Local Terrestrial Broadcasting Companies since the Introduction of Comprehensive Programming Channels (종합편성채널 도입에 따른 지역 지상파방송 대응 전략)

  • Jeong, Jong-Geon
    • The Journal of the Korea Contents Association
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    • v.11 no.7
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    • pp.192-209
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    • 2011
  • This study looked into coping strategies of local terrestrial broadcasting companies in the media market, since the introduction of comprehensive programming channels was confirmed. Local terrestrial broadcasting companies vulnerable to market competitiveness are driven more out to the difficulty of survival in a limited advertising market with the advent of comprehensive programming channel. and Local terrestrial broadcasting receive discriminative application than comprehensive programming channel. They have reverse discrimination in must-carry, broadcasting area, programming regulation, advertisement regulation, broadcasting development fund. Hence, Local terrestrial broadcasting needs diverse countermeasures at difficult media circumstances. Above all, Competitive content reinforcement is desperately needed. That's why content distribution structure needs diversification. And, It is necessary for local terrestrial broadcasting companies to diversify the content distribution system. As a way to expand distribution structure of local broadcasting, the introduction of local programming regulations for total amount will be highlighted in the nationwide network program. The mandatory policy that programs produced by local terrestrial broadcasting companies will be broadcast regularly in prime time through a nationwide network is an example. In addition to developing high content independently, 2nd Multiple channels of distribution is needed. It has to be supplied to various platforms including local broadcasting, SO and etc. In addition, it is necessary to activate regional co-production program between local terrestrial broadcasting companies and regions. Time rate between central stations and local terrestrial broadcasting companies must be distributed practically. And also, local terrestrial broadcasting companies in addition to ad revenue model to themselves and their own businesses by expanding the sponsorship to strengthen the competitiveness will have to nurture self-sustaining. Moreover they must have enlarge economy of scale through widen of broadcasting area.

국내 인터넷전문은행 설립시 예상되는 전자금융리스크에 대한 대응방안 연구

  • Kim, Tae-Ho;Park, Tae-Hyoung;Lim, Jong-In
    • Review of KIISC
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    • v.18 no.5
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    • pp.33-48
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    • 2008
  • 최근 은행의 소유지분한도와 설립자본금 등에 대한 정부의 금융규제 완화로 인터넷전문은행의 설립 가능성이 높아지고 있다. 그러나 우리나라의 전자금융환경은 전자금융거래법 제정에 따라 금융기관의 입증책임을 강화함으로써 금융기관의 전자금융리스크가 상대적으로 크게 증가하였다. 또한, 정보 공격기술 및 수법의 발달로 전자금융보안에 대한 위협이 지속적으로 증가하고 있다. 이외 에도 신BIS 리스크 평가에 IT운영리스크가 포함되는 등 금융환경 변화 및 정보통신 기술의 발전으로 인한 전자금융리스크가 계속 확대되고 있는 추세에 있다. 이러한 금융환경 변화와 함께 서비스채널이 인터넷에 집중되는 인터넷전문은행은 기존의 전통적인 은행과 차별되는 리스크에 추가적으로 노출될 위험성이 높다. 이러한 리스크에 대한 인식 및 대비 부재는 금융소비자가 금융권 전자금융거래에 대한 불신으로 확산되거나, 금융시장의 불안정성을 야기하는 금융사고로 이어져 자칫 국내 전자금융의 발전을 저해하는 심각한 요소가 될 수 있다. 본 논문에서는 국내 금융환경과는 차이가 있지만, 인터넷전문은행이 가져올 전자금융의 기술적 변화는 유사하다는 점에서 해외 주요국가의 인터넷전문은행 현황과 전자금융부문을 중심으로 인터넷전문은행 설립인가 사례를 살펴보고, 국내에서 인터넷전문은행 설립시 우리가 취해야 할 입장에 대해 시사점을 얻고자 하였다. 그리고 국내 전자금융 환경에서 전통적인 일반은행과 차별되거나 인터넷전문은행 고유의 특성으로 발생되는 주요 전자금융리스크를 다섯 가지로 분석하였고, 이러한 전자금융리스크를 줄이기 위한 대응방안을 모색해 보았다. 정부의 금융규제 완화는 금융자유화를 진전시켜 금융거래가 자유경쟁원리에 입각해 이루어짐에 따라 국민경제의 발전에 있어서 바람직한 결과를 얻고자 하는 것이다. 그러나 다른 한편으로 과도한 리스크에 노출 될 경우에는 금융시장의 불안정성을 야기하고 이로 인해 역 선택과 도덕적 해이를 야기 시키는 등 여러 가지의 폐해를 줄 수도 있다 이러한 폐해를 줄이기 위해서는 인터넷전문은행의 고유한 특성으로 수반되는 리스크와 상대적으로 그 중요성이 부각되는 전자금융리스크에 대한 관리 감독을 강화해야 한다. 또한 이러한 리스크 관리강화를 위한 제도적 장치는 인터넷전문은행의 자율성과 책임성을 부여하는 방향으로 이루어지는 것이 바람직하다. 인터넷전문은행이 실질적으로 다수의 금융이용자에게 다양한 혜택과 효율적인 금융서비스를 제공하기 위해서는 초기 사업계획 심사 단계에서부터 위험성이 크게 증가하는 전자금융리스크에 대해서, 적절한 관리방안 수립을 통해 예상되는 리스크를 줄이기 위한 노력이 필요하다고 생각한다. 그리고 인터넷전문은행에 대한 구체적인 인가요건이 마련되지 못한 현 상황에서, 국내 인터넷전문은행 설립이 우리나라 전자금융거래에 발전적 역할을 할 수 있도록 앞으로 더 많은 논의와 연구가 진행될 필요가 있다.

Study on the effect of small and medium-sized businesses being selected as suitable business types, on the franchise industry (중소기업적합업종선정이 프랜차이즈산업에 미치는 영향에 관한 연구)

  • Kang, Chang-Dong;Shin, Geon-Chel;Jang, Jae Nam
    • Journal of Distribution Research
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    • v.17 no.5
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    • pp.1-23
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    • 2012
  • The conflict between major corporations and small and medium-sized businesses is being aggravated, the trickle down effect is not working properly, and, as the controversy surrounding the effectiveness of the business limiting system continues to swirl, the plan proposed to protect the business domain of small and medium-sized businesses, resolve polarization between these businesses and large corporations, and protect small family run stores is the suitable business type designation system for small and medium-sized businesses. The current status of carrying out this system of selecting suitable business types among small and medium-sized businesses involves receiving applications for 234 items among the suitable business types and items from small and medium-sized businesses in manufacturing, and then selecting the items of the consultative group by analyzing and investigating the actual conditions. Suitable business type designation in the service industry will involve designation with priority on business types that are experiencing social conflict. Three major classifications of the service industry, related to the livelihood of small and medium-sized businesses, will be first designated, and subsequently this will be expanded sequentially. However, there is the concern that when designated as a suitable business type or item, this will hinder the growth motive for small to medium-sized businesses, and designation all cause decrease in consumer welfare. Also it is highly likely that it will operate as a prior regulation, cause side-effects by limiting competition systematically, and also be in violation against the main regulations of the FTA system. Moreover, it is pointed out that the system does not sufficiently reflect reverse discrimination factor against large corporations. Because conflict between small to medium sized businesses and large corporations results from the expansion of corporations to the service industry, which is unrelated to their key industry, it is necessary to introduce an advanced contract method like a master franchise or local franchise system and to develop local small to medium sized businesses through a franchise system to protect these businesses and dealers. However, this method may have an effect that contributes to stronger competitiveness of small to medium sized franchise businesses by advancing their competitiveness and operational methods a step further, but also has many negative aspects. First, as revealed by the Ministry of Knowledge Economy, the franchise industry is contributing to the strengthening of competitiveness through the economy of scale by organizing existing individual proprietors and increasing the success rate of new businesses. It is also revealed to be a response measure by the government to stabilize the economy of ordinary people and is emphasized as a 'useful way' to revitalize the service industry and improve the competitiveness of individual proprietors, and has been involved in contributions to creating jobs and expanding the domestic market by providing various services to consumers. From this viewpoint, franchises fit the purpose of the suitable business type system and is not something that is against it. Second, designation as a suitable business type may decrease investment for overseas expansion, R&D, and food safety, as well negatively affect the expansion of overseas corporations that have entered the domestic market, due to the contraction and low morale of large domestic franchise corporations that have competitiveness internationally. Also because domestic franchise businesses are hard pressed to secure competitiveness with multinational overseas franchise corporations that are operating in Korea, the system may cause difficulty for domestic franchise businesses in securing international competitiveness and also may result in reverse discrimination against these overseas franchise corporations. Third, the designation of suitable business type and item can limit the opportunity of selection for consumers who have up to now used those products and can cause a negative effect that reduces consumer welfare. Also, because there is the possibility that the range of consumer selection may be reduced when a few small to medium size businesses monopolize the market, by causing reverse discrimination between these businesses, the role of determining the utility of products must be left ot the consumer not the government. Lastly, it is desirable that this is carried out with the supplementation of deficient parts in the future, because fair trade is already secured with the enforcement of the franchise trade law and the best trade standard of the Fair Trade Commission. Overlapping regulations by the suitable business type designation is an excessive restriction in the franchise industry. Now, it is necessary to establish in the domestic franchise industry an environment where a global franchise corporation, which spreads Korean culture around the world, is capable of growing, and the active support by the government is needed. Therefore, systems that do not consider the process or background of the growth of franchise businesses and harm these businesses for the sole reason of them being large corporations must be removed. The inhibition of growth to franchise enterprises may decrease the sales of franchise stores, in some cases even bankrupt them, as well as cause other problems. Therefore the suitable business type system should not hinder large corporations, and as both small dealers and small to medium size businesses both aim at improving competitiveness and combined growth, large corporations, small dealers and small to medium sized businesses, based on their mutual cooperation, should not include franchise corporations that continue business relations with them in this system.

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Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

Perception Type of the South Korean Propaganda Broadcasts Experts about The Role of Broadcasts in The Process of Unification (남한의 대북방송 전문가들이 갖는 통일과정에서 방송의 역할에 대한 인식 연구 Q방법론을 이용한 북한자유화방송론과 남북교류협력방송론의 차이 규명)

  • Cho, Soojin;Lee, Chahyun
    • Korean journal of communication and information
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    • v.76
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    • pp.61-91
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    • 2016
  • This research is designed to evaluate perception of "the role of broadcasting in the process of unification" among South Korean propaganda broadcasting experts. This research used Q-methodology for in-depth evaluation of the experts' perception towards propaganda broadcasts. Total sixteen experts who work at the propaganda broadcasting company domestically or internationally as well as conduct related researches were selected as P-samples. This research listed sixty Q statements covering issues such as Perception of Unification, General Propaganda Broadcasts, Private Propaganda Broadcasts, Communication between North and South Korea. According to traditional way of Q-analysis, it drew two types of perception; Type 1: North Korean Liberal Broadcasts, Type2: Inter-Korean Exchange and Cooperation Broadcasts. For in-depth analysis, positive and negative statements were analyzed based on its tendency. As a result, positive statements tend to follow 'the Role of Unification Broadcasts' and negative statements followed 'the regulation of Private Broadcasts' When further researches were conducted on positive statements based on its axis of tendencies, Type 1 and Type 2 were categorized as follows; the Role of Unification Broadcasts- North Korean Liberal Broadcasts and Inter-Korean Exchange and Cooperation Broadcasts. On the other hand, when negative statements were analyzed based on its tendencies, the result of Type 1 and Type 2 were as follows; the Improvement of Private Broadcasts- Redeeming the Private Propaganda Broadcasts and Criticizing Private Propaganda Broadcasts. Regardless such differences, experts do agree on the idea which emphasize the role of broadcasts in the process of unification and also they share the same thought on the need to improve the private propaganda broadcasts. This research expected to contribute to society by making differences in analyzing propaganda broadcasting experts' perception in an objective and positive way compare to other existing researches. Therefore, it proposes several suggestions to consider when producing propaganda broadcasts.

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