• Journal of Arbitration Studies
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• v.23 no.2
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• pp.81-113
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• 2013

The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

• Proceedings of the Korean Society of Propulsion Engineers Conference
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• 2017.05a
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• pp.207-212
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• 2017

Korean civil airworthiness requirements of powerplant system are regulated on KAS Part 23 and Part 33. These are equivalent to FAR Part 23, Part 33 of FAA and CS-23, CS-E of EASA. FAA and EASA rewrites entire airworthiness requirements for the small airplane. It changed current 'prescriptive regulation' into 'performance-based regulation' which makes the object of safety performance. Powerplant requirements are also changed extensively by these concept revolution. In accordance with reorganization, we studied new powerplant system requirements of FAR Part 23 and proposed ideal direction to rewrite of Korean Airworthiness Standard rewrite.

• The Journal of the Acoustical Society of Korea
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• v.23 no.2
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• pp.90-102
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• 2004

According to the Mutual Recognition Arrangement (MRA), the calibration and/or test laboratories should satisfy the management and technical requirements ISO 17025 or equivalent. Chapter 5, Section 5.10.4 of the technical requirement of ISO 17025 suggests the required informations for calibration certificates, one of them is to state the uncertainty of measurement. The uncertainties of measurement in reciprocity calibration of standard laboratory microphone were calculated. The expanded uncertainties for 1 and 1/2 inch microphones were 0.03 dB in the middle frequency range and they increased up to 0.10 dB and 0.11 dB at 20 Hz, 0.07 dB and 0.08 dB at high frequency, respectively.

• Journal of the Korean Society of Propulsion Engineers
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• v.22 no.3
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• pp.128-133
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• 2018

Korean civil airworthiness requirements of powerplant system are regulated by KAS(Korean Airworthiness Standard) Part 23 and Part 33. These are equivalent to FAR Part 23, Part 33 of FAA, and CS-23 and CS-E of EASA. FAA and EASA rewrite the airworthiness requirements for small airplane. They changed current 'prescriptive regulation' to a 'performance-based regulation' which makes safety performance the objective. Powerplant requirements have also been changed extensively by this concept revolution. In accordance with this reorganization, we studied the new powerplant system requirements of FAR Part 23 and proposed ideal directions to rewrite the Korean Airworthiness Standard.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.13 no.2
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• pp.207-214
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• 2009

This paper provides the analysis of economic theories about bundling in telecommunications service. First, the negative aspect of bundling is discussed. Second, the competitively neutral aspect of bundling which is counter response of negative effect is analyzed. Third, some variables affecting the bundling is investigated and the corresponding effect of bundling is discussed. The bundling can increase the social welfare under some circumstance while it sometimes decreases economic efficiency by detering the entry of competitive firms. Finally, regulatory approaches on bundling such as the criteria of bundling provision, the requirement of equal access, the discounting scheme ad a price control, ex anti regulation vs. ex post regulation, and the criteria of predatory pricing are provided.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.175-209
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• 2019

The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

• The Journal of Korean Philosophical History
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• no.29
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• pp.125-152
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• 2010

The main purpose of this dissertation is a introductive proposal to reconstruct confucian moral principles. The most classical question in moral principles is : what is the good. In order to reconstruct confucian moral principles, this dissertation begin with question of what is the good in confucian moral principles. Confucianism believe in reality of the human good mind and good nature. Confucian the human good mind and good nature is comprised of benevolence, righteousness, propriety and wisdom. Benevolence, righteousness, propriety and wisdom(四德) is the origin of morality. Confucian's moral principles of human relationship is none other than conscientiousness and altruism. Conscientiousness is a principle of self-cultivation and self-revelation. As to altruism, confucious said, "the man of perfect virtue, wishing to be established himself", or "do not impose on others what you do not desire others to impose upon you." Altruism is rectified as a principle of reciprocity methodology of the making of whole kingdom peaceful in The Great Learning. Confucian golden rule(conscientiousness and altruism is equal to Kantian categorical imperative in The Fundamental principles of Metaphysics of Ethics. : Act only on that maxim through which you can at the same time will that it should become a universal law ... etc. Kant's three principles of moral philosophy(Categorical Imperatives) imply that the idea of universality, freedom, and the kingdom of ends. We contrast confucian moral principles with Kant's three principles of Categorical Imperatives. In conclusion, confucian moral principles implicate Kant's principle of universalizability and impartiality.

• Journal of Plant Biotechnology
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• v.35 no.1
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• pp.13-21
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• 2008

Final regulatory steps for commercialization of transgenic crops are risk assessment and variety registration. The risk assessment of transgenic crops requires broad network of scientists, high cost and long term. Developers of transgenic crops, therefore, face to additional challenges to consider theoretical and strategic aspects on risk assessment. The general concept for risk assessment of genetically modified organisms was derived from chemical risk assessment. Due to the complexity of organisms, however, comparative approaches that are substantial equivalence and familarity have been developed. In practical view, the integration of risk assessment is more difficult than the evaluation of each risk factors involving gene flow, toxicity and allergenicity. Variety registration of transgenic crops requires the results of risk assessment compared with non-GM crops and agronomic data analyzed with standard varieties. For economic and fast commercialization, risk assessment process should combined with condition of cultivation test for variety registration.

• Journal of Service Research and Studies
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• v.12 no.1
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• pp.1-24
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• 2022

This study was conducted to derive a new model for popular democracy in the modern society. The problem is exacerbated as the original model of democracy, isonomia, has faded and modern democracy is operated as a democracy in which the masses rule. Democracy is exposing a bigger problem due to the economic inequality caused by the majority rule and the capitalist economic system. Popular democracy, in which all the masses are equally qualified as sovereigns, is a structure in which cunning politicians can easily seize power if the voters are not wise. Isonomia is a system in which free people who solve economic problems on their own and have honesty, courage, dedication, sacrifice and sincerity set laws with the same qualifications, and keep the laws themselves, is a system that depends heavily on the conscience and virtue of free people. Modern popular democracy embodies the absolute equality of the sovereign regardless of economic power, but without the spirit of sacrifice and dedication to the community, those who can win popularity by wrapping themselves up as if they are sacrificial and capable people may seize power. This study presents a service-oriented democracy as a system that can maintain the merits of modern popular democracy while embodying the essence of isonomia. The system was implemented focusing on the qualifications for virtue, such as honesty, courage, sacrifice, integrity, etc., fair to all regardless of wealth. Human imperfections have been supplemented by the use of artificial intelligence. The assumption about the nature of the sovereign and public officials' agents was newly established, and the winner-take-allism problem was solved. This study proved that both the philosophy of Isonomia and the merits of Democracy can be realized through service-oriented democracy based on the common principle of humanity and the philosophy of service. Service-oriented democracy can be called revision democracy.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.91-124
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• 2021

In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.