• 월간 기계설비
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• s.287
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• pp.65-67
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• 2014

'하도급 거래 공정화에 관한 법률' 법률이 일부 개정되어 지난 5월 28일 공포되었다. 이 법령은 오는 11월 29일부터 본격 시행된다. 개정된 주요 내용은 ${\Delta}$계약체결일로부터 30일 이내에 원사업자는 수급사업자에게 공사대금지급 보증 ${\Delta}$공사대금 지급수단이 어음인 경우 만기일까지, 어음대체 결재수단인 경우 하도급대금 상환기일까지 대금지급 보증 ${\Delta}$공사이행 중 원사업자가 공사대금 지급보증 사유 소멸 시 소멸일로부터 30일 이내에 공사대금 지급보증(다만, 일정한 경우 보증 제외) ${\Delta}$원사업자가 수급사업자에게 공사대금 지급보증을 하지 않은 경우 수급사업자가 한 계약이행 보증을 청구할 수 없도록 했다. 이로써 그동안 어음 수령으로 보호받지 못했던 대금지급 보증을 받을 수 있게 되었고 원사업자의 대금지급보증 면제사유(신용등급 A 이상, 발주자 대금직접지급, 한 건의 공사금액이 천만원 이하)가 소멸된 경우에도 30일 이내에 대금지급 보증을 해주는 등 대금지급 보증 범위가 넓어져 보증금을 원활히 받을 수 있게 됐다. 또한 원사업자가 대금이행 보증을 하지 않을 경우 하수급인의 계약 불이행을 사유로 계약이행 보증을 청구할 수 없는 조항이 신설되어 앞으로 대금지급보증 교부율이 높아짐은 물론 하수급인에 대한 보증을 주로 하는 대한설비건설공제조합의 보증 리스크 감소 효과가 기대된다. 대한설비건설협회(회장 이상일)와 대한설비건설공제조합(이사장 김기석)은 그동안 대부분의 하도급업체인 회원 및 조합원사의 권리보호와 원도급자의 불법 불공정 하도급 거래행위를 개선하기 위해 국회, 국토교통부, 공정거래위원회 등 관련부처에 지속적으로 건의하며 제도개선을 추진해 왔다. 이같은 협회와 조합의 공동노력에 의해 이번에 공정거래위원회에서 일부 개정한 것이다. 개정된 하도급거래 공정화에 관한 법률은 다음과 같다.

• Journal of Korea Fair Competition Federation
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• no.25
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• pp.41-46
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• 1997

헝가리는 1983년 공산주의 정권의 붕괴와 함께 소련으로부터 독립, 자유경제체제를 도입하므로써 괄목할 만한 경제성장을 이룩하고 동구권 국가 중에서 교역량이 비교적 크게 증가하였으며 우리 나라보다 한발 앞서 OECD회원국이 되었다. 헝가리에 공정거래제도가 처음 도입된 것은 아주 오래전인 1923년으로서, 당시 헝가리 경쟁법에서는 카르텔 부분이 담겨있지 않았다고 한다. 1931년에 와서 경쟁법의 개정으로 비로소 카르텔이 금지되고 위반행위에 대해서 민사소송에 의하여 구제되어 왔던 제도가 국가가 직접 집행권을 행사하게 된다. 그러나 1945년 제2차 세계대전의 종결과 함께 사회주의 정권 하에서 오랜 기간 경쟁법의 정당성을 인정받지 못하다가 1984년에 와서 카르텔, 불공정한 시장관행 및 지배적 지위의 남용을 금지하는 헝가리 최초의 현대적 의미의 포괄적인 ''경쟁법''이 도입되었으나 이 때에도 합병규제에 대한 내용은 없었다. 이러한 과정에서 경제발전과 함께 1990년에 와서야 합병규제 조항을 경쟁법에 반영하고 경쟁정책의 종합적인 집행기관으로 ''경제 경쟁청''이 설치되었다. 그 후 EU 경쟁법과의 법체계상 조화를 이루도록 개정하여 1997년 1월 1일부터 현행 ''헝가리 경쟁법''을 시행하여 오고 있다. 헝가리 경쟁법의 특징은 선진외국법을 모방하기보다는 헝가리의 경제발전 단계에 맞도록 발전시켜 온 독창성에서 찾아볼 수 있다. 본 고는 경쟁법 연구에 참고가 되도록 헝가리 경쟁법의 독특한 내용을 요약하여 소개하는 것이다.

• Journal of Korean Philosophical Society
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• v.126
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• pp.213-233
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• 2013

The aim of this paper is to reveal the ethical problem of insider trading. 'Insider trading' refer to obtaining information from non-public sources such as private acquaintances about trade secret, using it purposes of enhancing insider's financial advantages. And sometimes such a practice can be conducted fraudulently. Therefore, the focus of this paper will be on fairness or justice arguments against insider trading. And all kinds of discussion this paper are to focus the underlying consideration behind these arguments, that is, the underlying consideration about violation of ethical standards of fairness. First, one of these arguments argues that insider trading does necessarily involve defrauding general investors such as general employees, general stockholders. And economic power and unjust advantage of insider can be exercised to the detriment of this non-insider's interests. Second, another argument argues that insider trading undermines competition which is the principle of any free market. And insider trading is not only a complication in the free market mechanism, but also thwarts free competition which free markets depend. Third, the final argument argues that insider trading will be made something unfair about the concept of equal access to information. This argument argues, therefore, that to permit insider trading would be to set up stock market trading rules that are unfair to non-insiders.

• Korean journal of communication and information
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• v.37
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• pp.270-306
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• 2007

This study examines the economies of promotion gifts in the newspaper industry. Because of the oligopolistic structure, the newspaper industry shows highly concentrated market. Under the certain circumstance, the dominant firms are struggling to become the market leader by providing unlawful promotion gifts and unbearable price discount which yields the prisoner's dilemma. Ultimately, in spite of the criticism about their unlawful behaviors, the dominant firms choose the fierce competition with high costs. On the other hand, the remaining fringe firms do not have many strategic choices due to the limited financial capacity. They cannot provide free gifts or any other incentives to the subscribers. Even worse, because advertisers and subscribers also prefer promotional gifts as a rational choice, the distorted mechanism has been sustained in the newspaper industry. Thus, governmental interventions hardly achieve the goal of controlling unfair trade. This study examines the structure, strategic behaviors of the players, and the unintended consequences leading to the dilemma on promotional sales in the newspaper industry.

• Journal of Distribution Research
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• v.15 no.5
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• pp.37-60
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• 2010

Department Stores have been in place as typical large-scale retailer in Korean retail market. After Asian financial crisis in 1997, the market share of major three department stores has been increased and they have had a dominant position in relationship with vendors or manufacturers. Thus, they are able to control sales commission. Sales commission is defined as things that department stores which contribute to products sales instead of manufacturers take some portion of price as their revenue. In other words, vendors or manufacturers pay some amount of money from their sales by contracted ratio to department stores. The problem is that vendors or manufacturers think that sales commission is high. However, department stores have a different opinion that sales commission is not high because they generate new value from gathering customers and doing marketing activity on behalf of vendors or manufacturers. Because department stores have operated with business model of renting sales space to vendors or manufacturers instead of buying goods directly from them, this situation has been taken place. The revenue of department stores depend on sales commission. Thus, they want to get a dominant power to control sales commission in relationship with vendors or manufacturers. So, they have tried to increase their size and brand power. The considered policies related in sales commission of department stores are as following: preventing monopoly or oligopoly of department store, being strength of monitoring for department stores' unfair trade, strict enforcement of law for large-scale retailer's unfair trade, and inducing win-win strategy doing voluntarily by department stores.

• The Journal of Society for e-Business Studies
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• v.21 no.3
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• pp.101-128
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• 2016

To improve competitiveness & performance for salesmen of small & medium IT company, this study aims not only to inspect how value orientation, leadership & justice make effects for Organizational Citizenship Behavior & Business Corporate Performance & but also to explore the role of adaptive selling practices as parameter. To support the study, the data collected from 314 employees in sales roles at more than 200 IT companies was processed via. regression analysis method. The research model of study lies at identification of 'the Effects of Value Orientation, Leadership, & Justice of/Posed by the Salesmen of a IT Company on Organizational Citizenship Behavior & Corporate Performance' based on the phenomena of unfair sales strategies rampantly being taken for short-term profits & survivals despite of the value of upholding business ethics to realize long-term, sustainable growth of a business of company. The hypotheses of this study are formulated as follows. First, value orientation, leadership, & justice shall have effects on organizational citizenship behavior & Corporate performance. Second, adaptive selling practices shall function as the parameters between the independent & dependent variables. The analysis results on the research, undertaken with verification of parametric effects, confirm the following: 1. Value orientation imposes positive (+) effects on adaptive selling practices which impose positive (+) impacts on organizational citizenship behavior & Corporate performance. 2. Adaptive selling practices function as a full parameter between value orientation & organizational citizenship behavior whilst functioning as a partial parameter between value orientation & Corporate performance. 3. Leadership imposes positive (+) effects on adaptive selling practices which impose positive (+) effects on organizational citizenship behavior & Corporate performance. 4. Adaptive selling practices function as a partial parameter between leadership & organizational citizenship behavior whilst functioning as a full parameter between leadership & Corporate performance. Therefore, this study is concluded that establishing & executing sales strategies in consideration of value orientation & fairness is of extreme importance for IT companies to realize & maintain their sustainable corporate management, & last but not least, it is necessary for IT companies to proactively introduce & provide educational systems for their salesmen thus to help them to uphold & sustain ethics & values of the business.

• Korean Journal of Construction Engineering and Management
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• v.12 no.2
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• pp.133-142
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• 2011

The purpose of this study is to analyze the problems of the parties involved in the issuance of apartment housing development projects. The adapted research method selected four apartment housing development as PF ABCP projects. This study carried out the case about participant institution of PF ABCP funding project including developer, constructor, financial institution so as to draw problems by participant institution. On the basis of the selected case, this thesis proposes methods for involved parties to negotiate and work out problems of the PF ABCP. The results of this study are as follows 1) Launching long-term project financing should be developed, including operating funds and strengthen the ABS and ABCP issuance of credit assessment procedures, combined with the simplicity of the instruments. 2) The Low-risk contract for the construction of simple managerial focus should be the construction, financial institutions essentially dependent on project financing feasibility verification purpose loans to prevent the division a true story, the development should be of interest to be preserved. The proposed included, among other, partial guarantee based on the construction plan financial institutions' share-based investment, and the supplement of legal issues.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.6
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• pp.119-132
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• 2011

Mobile devices such as smart phones have brought big changes to be called as 'mobile big bang' against which we can't go. Mobile banking service and MTS(Mobile Trading System) are freely available at any time, anywhere and we are able to activate communications between financial company staffs out of the office and take care of business works even remotely by using mobile devices. Mobile devices are approaching as 'smart mobile innovation' to improve an enterprise productivity and competitiveness, but threats which engaged in unfair trading behaviors or unwholesome business works in finance companies are increasing and the customer's information can be leaked out by using the nonpublic official information and mobile devices. Therefore, we have to analyze the potential problems and take the necessary countermeasures with preemptive steps to protect the customer's information and improve the financial trading soundness and fairness. In this paper, we would like to suggest countermeasures and threats against using the financial company's mobile devices focusing on the financial investment companies by 'Capital Market and Financial Investment Business Act'.

• The Journal of the Korea Contents Association
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• v.16 no.6
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• pp.354-364
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• 2016

With the advancement of the digital convergence of content and platform, Korean film industry sees good opportunities of maximizing the profits and increased distribution opportunities by independent film makers. Nevertheless, the domestic film market almost entirely relies on the box office sales, which seems to be caused by the stagnation of new additional copyright market. The study aims to address the following problems: First, information asymmetry of the revenues to which the contents providers and the service providers are exposed leads to the distrust among digital film contents businesses and the disadvantages to film makers and investors, in particular. Secondly, the VOD(Video on Demand) market of film industry is adversely affected by the illegal uploads and downloads of film contents, which harms the formation of paid additional market. Based on the examination of current legislation and policy options addressing these issues, the study suggests legislative accomodations and cultural industry policy alternatives to promote the additional market of film industry.

• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.