• 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 Korea Fair Competition Federation
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• no.113
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• pp.15-31
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• 2005

최근 미국의 법원은 담합을 입증하려는 시도를 주로 경제적 증거에 입각하여 분석하는 추세를 보여 왔다. 하지만 담합의 존재를 입증하는데 있어서 경제분석의 역할에도 많은 이견이 날카롭게 표출되었다. 담합의 존재에 관한 경제적 증거를 분석하는 데에 있어 유일한 합리적 근거는 최신과점이론(Modern oligopoly theory)이다. 그런데 증인으로 나선 많은 경제학자들과 법원이 최신과점이론에 자신들의 분석을 뚜렷이 기초하지 않았기 때문에, 판례법의 현 상태가 불만족스럽다고 주장하는 것이 본 논문의 핵심적 내용이다. 셔먼법 제1조는 ''계약, 결합, 공모(contract, combination, or conspiracy)에 의해 초래되는 거래(즉 경쟁)의 불합리한 제한을 규제''하는데, 이러한 계약 결합, 공모의''용어들은 합의라는 하나의 개념으로 통합하여 이해''할 수 있다. 제 1조는 다수의 당사자가 ''단일한 목적, 공통된 의도와 의견의 일치, 혹은 의사의 합치(Meeting of minds)'', 즉 ''공통된 계획에 대한 의식적 참가(consious commitment to a common scheme)''를 합의한 모든 협약을 규제한다. 셔먼법 제 1조 위반을 입증하기 위해서는 일치된 행동이 합의 하에서 일어났음을 입증해야 한다. 미국 법원은 합의를 추론할 수 있는 증거력 있는 정황증거(admissible circumstantial evidence)의 원칙을 확립하였다. 독점가격에 가까운 수준의 과점가격 설정은 ''조정되었다(coordinated)''라고 칭해지는데, 이는 ''구두 합의''와 ''암묵적 합의''의 두 가지 형태로 나뉜다. 한편, 일회게임 과점 모형과 반복게임 모형은 과점이론의 핵심을 이룬다. 과점에 대한 Chamberlin의 견해는 본래 게임과 Stigler의 모형은 그와 같은 생각의 오류를 가르쳤다. 그러나 판례법은, Petroleum products antitrust litigation사건과 reserve supply사건에서 볼 수 있듯이 종종 그러한 교훈을 망각했다. 최신과정이론과 판례를 종합해 보면, 합의의 존재에 관해 경제학자가 이끌어내는 추론과 법원이 이끌어내는 추론을 포괄하는 다음의 네 가지 일반적 원칙이 도출된다. 1. 합의가 추론되기 위해서는 상호의존성을 넘는 무언가가 먼저 제시되어야 한다. 2. 합의의 존재는 일회게임 과점 모형에서의 비협조적 내쉬균형과 일치하는 행동으로부터는 추론될 수 없다. 3. 합의의 존재는, 비록 무한반복 과점게임에서의 비협조적 내쉬균형(혹은 Chamberlin-Fellner식의 과점)과 일치하더라도, 일회게임 과점 모형에서의 비협조적 내쉬균형과 일치하지 않는 행동으로부터 추론될 수 있다. 4. 증거는 구두합의의 존재를 뒷받침해야만 한다. 이러한 원칙에서 얻을 수 있는 가장 중요한 교훈은, 합의가 존재하지 않을 경우 과점상황으로부터는 독점가격이 예상될 수 없다는 사실을 법원이 인식하는 것만으로도 합의의 추론에서 범하기 쉬운 가장 큰 오류를 회피할 수 있다는 것이다.

• Cross-Cultural Studies
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• v.52
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• pp.195-222
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• 2018

Bernard $Dadi{\acute{e}}$ expresses virtue, justice, and goodness by mixing reality and fiction through the life of the spider Kacou $Ananz{\grave{e}}$ in The Black Cloth (le Pagne noir). In Black Africa folktale, especially $Co{\hat{o}}te$ d'Ivoire, virtue, justice, and goodness are important factors. The spider's life is full of imagination and tricks that reveal a variety of lessons: i) material abundance and frustration in the 'Spider and the Tortoise', ii) an autistic life that refuses to separate from the mother in the 'Spider's Hump', iii) leaving a trace of violating the taboo on the sheep in the 'Spider's Ox', iv) the failure of a ploy by hurting others to satisfy individual desire in 'The Dowry'. These diverse stories enable us to understand human characteristics and imperfections by questioning customs of society and value of customs, reinterpreting folktale, and clarifying instructional intentions.

• Journal of the Korea Society of Computer and Information
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• v.26 no.11
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• pp.227-232
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• 2021

The 「Act on Special Cases concerning the Punishment of Crimes of Domestic Violence」 still has various problems in the legal system and enforcement process. Contrary to the original intention of the legislation, it is operated very passively in terms of state intervention and punishment of domestic violence actors in actual operation. Even if it is treated as a home protection case, if you look at the details of the protection disposition, there is a problem that the decision on the protection disposition is biased towards a specific type of protection disposition. In order to improve this, the need for cooperation and active intervention between state agencies is required. In addition, it is necessary to establish a legal basis for a request for personal protection by recognizing the status of a victim who reported domestic violence as a crime reporter. In addition, in order to secure the effectiveness of the protective disposition, it is necessary to strengthen sanctions for non-compliance or violations of the protective disposition.

• The Journal of Society for e-Business Studies
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• v.16 no.4
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• pp.33-51
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• 2011

This research derived the influencing factors for employees' compliance with the information security policy in organizations on the basis of Neutralization Theory, Theory of Planned Behavior and Protection Motivation Theory. To empirically analyze the research model and the hypotheses, data were collected by conducting web survey, 194 of 207 questionnaires were available. The test of causal model was conducted by PLS. Reliability, validity and model fit were found to be statistically significant. the results of hypotheses tests showed that seven ones of eight hypotheses could be accepted. The theoretical implications of this study are as follows : 1) this study is expected to play a role of baseline for future research about employee compliance with the information security policy, 2) this study attempted interdisciplinary approach through combining psychology and information system security research, and 3) it suggested concrete operational definitions of influencing factors for information security policy compliance through comprehensive theoretical review. Also, this study has some practical implications. First, it can provide the guideline to support the successful execution of the strategic establishment for implement of information system security policies in organizations. Second, it is proved that the need for conducting education and training program suppressing employees. neutralization psychology to violate information security policy should be emphasized in the organizations.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.33 no.6
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• pp.419-426
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• 2020

The structural design of the steel eccentrically braced frame (EBF) was developed and analyzed in this study through multiobjective optimization (MOO). For the optimal design, NSGA-II which is one of the genetic algorithms was utilized. The amount of structure and interfloor displacement were selected as the objective functions of the MOO. The constraints include strength ratio and rotation angle of the link, which are required by structural standards and have forms of the penalty function such that the values of the objective functions increase drastically when a condition is violated. The regulations in the code provision for the EBF system are based on the concept of capacity design, that is, only the link members are allowed to yield, whereas the remaining members are intended to withstand the member forces within their elastic ranges. However, although the pareto front obtained from MOO satisfies the regulations in the code provision, the actual nonlinear behavior shows that the plastic deformation is concentrated in the link member of a certain story, resulting in the formation of a soft story, which violates the capacity design concept in the design code. To address this problem, another constraint based on the Eurocode was added to ensure that the maximum values of the shear overstrength factors of all links did not exceed 1.25 times the minimum values. When this constraint was added, it was observed that the resulting pareto front complied with both the design regulations and capacity design concept. Ratios of the link length to beam span ranged from 10% to 14%, which was within the category of shear links. The overall design is dominated by the constraint on the link's overstrength factor ratio. Design characteristics required by the design code, such as interstory drift and member strength ratios, were conservatively compared to the allowable values.

• Journal of Navigation and Port Research
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• v.41 no.4
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• pp.235-242
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• 2017

Earnings management is defined as an intentional act during the financial reporting process or a manager's choice of accounting policies to avoid earnings decreases or obtain some private gains. Shipping firms have a highly debt-intensive capital structure and a significant motivation in earnings management to avoid failure of a Debt Covenant. From this point of views, this paper tries to determine the relationship between the capital structure and discretionary accruals estimated using the re-modified Jones model (1995). The sample used to test the research models is made up of 87 Korean shipping firms during the period from 2007 to 2015. A histogram analysis, t-test and FGLS confirm the possibility of using earnings management, and it proved that Korean shipping firms manage their earnings to avoid financial loss. An analysis of the relationship between the capital structure and earning managements, shows it is difficult to support the Debt Covenant, shown as a negative relationship between the debt ratio and debt maturity as shipping firms' capital structure and discretionary accruals as earning management variable. An additional analysis presents a negative relationship between previous debt maturity and discretionary accruals, and the possibility of earning management in a highly increased debt ration group.

• Korean Journal of Culture and Social Issue
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• v.8 no.1
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• pp.41-59
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• 2002

The present study explored the major behavior patterns of drivers and the environmental settings having an effect on traffic accident using the data collected from drivers and traffic police. Drivers and traffic police read questionnaire which contain the passible causes of traffic accident and selected the major causes on the basis of their latest accidents. Unexperienced drivers were forced to answer the questionnaire by referring to their friends and neighborhoods. The results showed that the major causes of traffic accident were connected with the driver's factors. The most important cause of traffic accidents was inattention/incautiousness. The next were lack of competence, skill, and experience. One interesting fact was that drivers and traffic police attributed differently. Drivers pointed out the lack of ability coping with an emergency and the insufficient skill of defensive driving as causes of the traffic accident. On the other hand, traffic polices indicated the intentional violations such as the disregard for traffic rules, trespassing on the central line of the roadway, speed limit violation, and breaking into the vehicle's line. The implications for appling the this results to driver education institutions were discussed.

• The Korean Society of Law and Medicine
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• v.25 no.1
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• pp.149-192
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• 2024

People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil. Even considering realistic aspects such as the special nature of mental health care and families' suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused. Japan's Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.41-74
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• 2020

The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.