• Title/Summary/Keyword: 사후규제

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An Exploratory Study on Fintech Regulations and Start-ups: Focusing on the US, China, and Korea Cases (핀테크 산업 규제와 스타트업 활성화 방안에 대한 탐색적 연구: 미국, 중국, 한국 사례를 중심으로)

  • Jeon, Seongmin;Pak, Do Hyun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.1
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    • pp.45-57
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    • 2020
  • Among the fintech businesses that are actively developing around the world, payment and settlement are the most prominent. Korea has a well-developed IT industry and a good existing card payment environment, however, its innovative movement is overwhelmingly slower than that of other countries in the fintech. In this study, we try to assess the regulations on fintech and their impacts on the startup ecosystem by comparing the cases of U.S., China, and Korea. We have found that both the United States and China have lowered barriers to entry for the newly launched fintech industry, allowing startups and IT companies to start fintech businesses at the existing financial sector. Particularly the implementation of predictable regulations in U.S., and the failure to apply the financial regulations in China, help start-up companies' growth in the fintech industry. This finding provides us with a lesson that current positive regulations in Korea should gradually change into negative regulations, and predictable regulations that strictly enforce post-management except major items rather than pre-approval. The policy implications are discussed with the perspective of start-ups in fintech industry.

Civil Law Issues of Augmented Reality Game Company's Responsibility for Game Users and Game Servicing Area Parties (증강현실 게임 회사 측의 게임 이용자와 게임 서비스 지역 사회에 대한 민사 책임 연구)

  • Kim, Yunsoo
    • Journal of Korea Game Society
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    • v.18 no.1
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    • pp.63-72
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    • 2018
  • Legal issues whether augmented reality(AR) game service companies are responsible for damages that their game users cause to the community and residents are occurring these days. These kind of damages affect not only game users but also third parties who do not play the AR game. This paper explores the recent cases and analyze the type of legal issues such as trespass, nuisance and unjust enrichment. To determine the necessity of regulating the AR game company, constitutional balancing test, causation, specificity and persistence of the damage and other various standards should be applied.

A Study on the Role of Capital Regulation in Capital Market Law preventing Investment Bank Business Risks (자본시장법상 자기자본규제의 미래 투자은행(IB) 위험예방 가능성 연구)

  • Chang, Kyung-Chun;Lee, Sang-Heon
    • Management & Information Systems Review
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    • v.28 no.3
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    • pp.161-189
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    • 2009
  • The sub-prime crisis led to the collapse of US investment banks which were considered highly competitive during the Asian Financial Crisis. The event gave us a lesson on importance of the financial supervision. Additionally concerns rise over the fact that the role model of the Capital Market Law, created for the purpose of developing the capital market, is the US investment banks. This paper investigates if the prudential regulations, among them especially the capital regulation, are able to prevent the risk the arises from Korean financial firms operating investment bank business. The current capital requirement regulation, Net Capital Ratio(NCR), is not sufficient, because it's nature of being a ratio makes the NCR ineffective when assets and liabilities are concurrently rising. We also verified the internal model which measured the market risk, by comparing the US investment and Korean banks' diversification effect. The result of the test is that it is difficult to conclude the internal model has a critical defect. This paper's contribution is that it is not sufficient use only the capital regulation in supervising financial markets.

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MCN환경하에서 실시간 개인방송의 법적 쟁점

  • Kim, Yun-Myeong
    • Information and Communications Magazine
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    • v.33 no.4
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    • pp.79-84
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    • 2016
  • 개인방송을 방송법상 방송으로 보기 어렵다. 다만, IPTV법의 실시간 방송프로그램 내지 저작권법상 전송 등 2중적 지위를 갖는다. 방송이라면 일정한 경우에 보상금만을 지급하고 저작물을 이용할 수 있지만, 지금의 해석으로는 어렵다. BJ의 일탈이 사회적 통념을 넘어선 경우라면 사후 규제를 위해서라도 플랫폼사업자에게 일정 시간동안 개인방송을 저장할 수 있도록 권고할 필요가 있다. 최소한 방송이라는 인식에 근거하여 방송이 추구하는 공적 가치를 가질 필요가 있기 때문이다. 시청자는 방송과 통신을 구분하여 콘텐츠를 소비하지 않는다. 개인방송도 방송과 같은 공공성을 확보할 수 있다면 법제 정비를 통해 공익성 요건을 적용할 필요가 있다. 방송법의 목적인 "국민문화의 향상"이라는 가치에서 본다면 개인방송도 국민문화를 위한 주요한 수단이기 때문이다.

People Interview - 한국게임산업연합회 임동근 회장

  • Korea Database Promotion Center
    • Digital Contents
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    • no.11 s.114
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    • pp.40-40
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    • 2002
  • 문화관광부가 온라인게임에 대한 사전등급 심의를 강화하고 있는 가운데 한국게임산업연합회(www.kgia.org)는 지난 10월 17일 온라인게임의 사회적 부작용을 해소하고 건전한 온라인게임 문화를 조성하기 위해 사업자들이 준수해야 할 '온라인게임사업자 자율규제 권고안'을 마련해 회원사들이 지키도록 한다고 발표했다. 정보통신부의 정보통신윤리위원회(이하 정통윤)와 문화관광부의 영상물등급위원회(이하 영등위)의 사전ㆍ사후 심사를 뛰어넘은 온라인게임 업계 자정노력을 지켜봐 달라며 기자간담회를 개최했다. 한국게임산업연합회 임동근(49) 회장으로부터 취지와 앞으로의 계획을 들어보았다.

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The Legislative Process of Special Act on Seoul Metropolitan Air Quality Improvement and Problems to be Solved (수도권대기환경개선에 관한 특별법의 입법과정과 향후과제)

  • 하종범
    • Journal of the korean Society of Automotive Engineers
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    • v.26 no.2
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    • pp.58-65
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    • 2004
  • 우리 수도권은 선진국 주요도시에 비해 미세 먼지는 1.7∼3.5배, 이산화질소는 1.7배 수준에 육박할 정도로 대기오염도가 심각한 수준이나 현행 대기환경보전법은 지자체별 사후농도규제 중심체계로 이루어져 있어 대기 질을 선진국수준으로 개선시킬 수 있는 획기적이고 종합적인 정책수단을 사용할 수 있는 여건이 마련되어 있지 않은 상태이다.(중략)

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Proposed Improvements for Type Approval and Inspection Systems of Marine Pollution Prevention Materials and Chemicals (해양오염방제 자재·약제 형식승인 및 검정 개선방안에 대한 연구)

  • Pankil Jang;YeongGu Song;Heejin Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.1
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    • pp.15-23
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    • 2023
  • Through the revision of the Framework Act on Administrative Regulations (July 17, 2019), the government minimized regulations and applied the comprehensive negative regulation principle to enhance economic vitality. However, a legally mandatory certification system has been applied to marine pollution prevention materials and chemicals, and inspection is conducted every time a product is sold, suppressing the autonomy of manufacturers. In addition, the majority of manufacturers of marine pollution prevention materials and chemicals are small businesses; therefore, they take the approach of producing small quantities of products whenever a buyer requests an order. Consequently, the need for deregulation was raised to ensure autonomy of the market and industry, and improve efficiency in accordance with the current trend of approval, performance test, and inspection systems for marine pollution prevention materials and chemicals. In this study, problems within the current system were identified and improvement plans are proposed through comparison and analysis of domestic and foreign systems.

Study on the Radio Regulations of the ITU Radio Regulations institutions and developed countries before and after regulations (ITU의 전파관리제도와 주요선진국 전파관리 사전 사후 규제에 대한 연구)

  • Choi, Woo-Jin;Shin, Hyun-Shin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.11 no.6
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    • pp.553-560
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    • 2016
  • There propagate use management paradigm in developed countries is changing as Command & Control $\Rightarrow$ Market Based $\Rightarrow$ Open Access $\Rightarrow$ Manage By Technology & Technical Analysis, that the policy response to environmental changes, such as a variety of new technologies. The emergence of service, the proliferation of propagation users It is to activate the market. However, the basic principles of radio management such that the change of paradigm be used to spread in a range that does not affect the interference, such as the horn is to be observed. Around the world in order to prevent the propagation and utilization Horn interference enacted regulations for managing the radio station, and also discipline.

A Study on the Legal System of Korea Nano-safety Related Regulations (국내 나노안전성 관련 규제의 법체계 고찰)

  • Lee, Cheon-mu;Yoon, Chong-min
    • Journal of Korea Technology Innovation Society
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    • v.19 no.4
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    • pp.736-767
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    • 2016
  • Recently, the social issue about harmful effects of nano-materials including nano-products to human body and environment have been raised, which were not expected in times past. To prevent the risks of nano-materials on the environment and human body, the regulatory policies are reinforced to ensure public health in world trends. In Korea, governmental department has prepared the policy for 'National nano-safety Management Master Plan' since 2011. However, it is very hard to manage all kinds of nano-materials, due to lack of nano-safety law and a wide range of nano-technology application. This study aims to analyze the current situation of the national policy related to nano-safety management and legislation, and also review the limitation of current system to propose improvement plan for nano-safety.

A Comparative Review on Building Height Regulations Using GIS Simulation (GIS Simulation을 이용한 건축높이 규제 방안의 비교검토)

  • Kim, Ho-Yong;Yun, Jeong-Mi
    • Journal of the Korean Association of Geographic Information Studies
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    • v.16 no.2
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    • pp.129-140
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    • 2013
  • This study reviewed different results according to the selection of viewpoints and considerations of the neighborhood in the analysis of view to regulate the height of buildings. To do this, 4 cases were set according to the analytical methodology and a GIS simulation was performed. Characteristics of each methodology were compared and analyzed by simulated values with ANOVA(analysis of variance) and post-hoc analysis. First, the method using moving viewpoints was found to be appropriate for the regulation of building height as it could reflect basic characteristics of landscape which was sequential and it did not show big difference in analysis result according to situational setting. Second, the method using grid viewpoints showed a problem that viewpoints at left and right sides viewed ridges of other mountains than the background mountains of the target land. Additionally, the simulation method that induces three-dimensional cross-sections between multiple sight-surface and virtual construction points created at viewpoints used in this study was found to be useful in the simulation review with various settings as it induced the marginal height of the spot quantitatively.