• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.81-119
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• 2022

Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

• Journal of Korea Entertainment Industry Association
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• v.13 no.2
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• pp.27-36
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• 2019

Today, the Korean wave headed by K-pop is newly named as 'New Korean Wave' in that it has been extended to United States, Europe and Russia. K-POP, the main player of the new Korean wave, has been successful in SNS marketing channels. Furthermore, the content of K-pop has attracted the attention of the global audience. The media and public attention on the Korean Wave is meaningful because it is not merely a cultural export. It also makes Korean people feel national pride, seeing the mental influence of its culture on other regions. Moreover, the development of the cultural industry in our society, which is different from industrial or material development, is a proof that Korean society is at the center of globalization. Until the 20th century, Korean culture had been rather receptive than dominant. In other words, it was focused more on acceptance of other cultures than active creation or outflow of its own. Now, however, K-POP is not anymore copying Western culture. It is creating its own unique characters, which makes K-pop very competitive. Korean culture has been formed for a long time in Korea's unique historical background. Korean popular culture also has to establish a solid foothold in world markets through its distinctive and traditional feature. The positive consumer response to Korean pop culture will create the added value of Korean contents and their derivatives, which will heighten Korea's national image also. In other words, if traditional art and K-POP are converged and equipped with our own unique and highly artistic culture, they will take the lead in the global cultural art market. In this study, we will recognize the possibility, growth and development of K-pop culture and analyze the cases of combining K-pop and Korean traditional art. First, we have to blend traditional art and other various genres to create diverse contents, and we have to actively utilize media channels. Second, we must improve people's awareness of the copyrights of traditional art. Also, we have to mitigate the copyrights of creative dance to expand the disclosure of contents which can be utilized. Third, we have to learn about traditional arts from younger age. Fourth, we will expand traditional arts to the whole of Korean cultural policies, which can enhance the nation's cultural value and create economic benefits. These four are expected to be effective ways to preserve the identity of traditional art and at the same time, globalize Korean culture.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.8 no.1
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• pp.61-68
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• 2013

As modern society changes toward knowledge based society, the patent policy and professional manpower need to be changed because interest and importance about patent, trademarks, intellectual property right and copyright of business secret are increasing. In order to facilitate trading of the technology developed in the private sector and to promote the business, the Act of technology transfer and commercialization promotion is prepared. In the law, the article 14 says that who have expertise on commercialization of the technology transfer can be registered as a technology trader to the Minister of Knowledge Economy. For the purpose of finding improvements of the technology trader's registration system, comparison method was studied. Technology trader compare with licensed real estate agent which is similar with it in terms of trade. There are several results from this study by followings. The unique tasks of technology traders should be specified for increasing authority of technology transfer expert. Manual criteria of post management should be prepared through registration certificate management agency which operated by charging. In addition, The announcement document should be prepared carefully for necessity of announcement and registration criteria of technology trading business. These improvements are enable to motivate trading market and impact to expand the base of technology marketing and technology transfer-commercialization.

• The Journal of the Korea Contents Association
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• v.10 no.9
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• pp.146-154
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• 2010

Korean TV program market has started since 1995 along with Cable TV and local TV stations and increased significantly due to Korean wave. Now the new platform such as IPTV makes a new opportunity of growth to the TV program market. This study will analyse the actual status and mechanism of Korean TV program market. To begin, Korean TV market is still dominated by terrestrial TV in domestic distribution market and in exportation even though the windows are diversified. This has influenced not only for the production market but also the distribution market as the following: continuous conflicts between terrestrial TV and independent production companies even though the significant increase of independent production in quantity ; terrestrial TV's dominance in distribution market with enormous libraries as for the major content provider. In addition, there are limited independent distributors due to the exclusive trade of TV programs by terrestrial TV. As for the exportation, foreign market for Korean TV programs are mainly Asian countries like Japan, China, etc. Furthermore, since the genre of distribution has been concentrated in dramas, it is time to make efforts to find a solution. Thus, this research can give a guideline as for the first step.

• Informatization Policy
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• v.18 no.4
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• pp.85-102
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• 2011

The world is focusing on e-books as the e-book market is growing rapidly as a fused industry at the crossroads of information technology and digital content. Many countries are actively participating in this new market and leveraging on its potential and growth, while Korea's market is still in its preliminary stage. There is a good reason to be concerned over the fact that access to digitalized materials that are the most relevant to the current time are not readily available. Therefore, the strategy in collecting and utilizing content must be newly refurbished. In order to do this, the legal issues and policies related to digital libraries must be considered. The most relevant examples from abroad are Google Book Search and the EU's Europeana project. Then, what are the necessary measures for Korea to materialize its own digital library? Digital libraries can significantly influence social welfare and bring forth economic effects. Social preparation surrounding this subject should continue to increase because digital libraries will change the manner in which people share and use information. Therefore, this paper aims to examine the legal and economic problems and issues related to the establishment of digital libraries as well as to provide policy recommendations.

• Industry Promotion Research
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• v.6 no.2
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• pp.1-10
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• 2021

The content of the information age does not simply convey content but includes all the transactions that arise from its interaction. The types and forms of information being traded through this interaction are recognized differently from the contents that have been passed on to mankind so far by creating new meaningful content. Because the distribution of interactive content transcending the concept of time-to-time in the network environment is an important component of access to added value in the new world, unlike the content of simple concepts seen in the products of communication so far. In this study, the purpose of this study is to recognize the current status and problems of the Korean digital content industry and to seek ways to revitalize the Korean digital content industry to lead the global market in the future. Specifically, first, we want to learn about the concept of digital content. Second, we would like to look at the industrial trends of digital content at home and abroad. Third, we present a plan to streamline digital content. Fourth, derive research results and implications. In this work, the following results are derived: First, in order for Korea to enter a digital content powerhouse, each government department must first break away from the selfishness of the ministry and actively cooperate to efficiently establish and implement various policies. Second, e-books should be introduced just as current paper and CD-ROM titles are exempt from VAT, and security solutions, related technology development, and copyright issues should be urgently addressed to revitalize the market. Third, the demand for high-quality content should increase as information infrastructure such as high-speed information and communication networks and satellite broadcasting is established.

• Korean journal of communication and information
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• v.73
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• pp.56-91
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• 2015

This study examined changes in the independent production environment in the perspectives from flexible specialization of labor and media routines since January 2011, when comprehensive programming television channels (JTBC, MBN, Channel A, TV Chosun) emerged in Korea. In-depth interviews were conducted with thirteen individuals, including producers from independent production companies, broadcast writers, and individuals involved with these TV channels. The interview results indicated that a flexible specialization production system had been established by the comprehensive programming channels. This means that they were heavily dependent on independent producers, except in relations to their own news programs. Moreover, it was identified that the production of diverse programs could be difficult due to absurd contract practices such as those related to TV ratings and performance systems. Second, these channels have implemented some positive changes such as the payment of higher production costs and an incentive system, compared to terrestrial TV stations. However, the incentive system also helps to aggravate internal competition in the channel and also instigate contract competitions among independent companies, which can eventually result in the channels for holding exclusive rights to certain content and, hence, unfair business practices. Third, as a result of the newspaper and broadcast cross-owenership system of the comprehensive programming channels, hierarchical independent production practices can be established under the influence of newspaper proprietors and executives or managers who have previously worked for newspapers. Lastly, as a result of interviews with independent producers and individuals involved with the TV channels concerning the awareness of comprehensive programming channels, it could not be ascertained whether it is difficult to produce programs dealing with diverse items and genres, because programming autonomy has been distorted by capital or the advertisement market. In this circumstance, it is not surprising that some comprehensive programming channels mentioned that they prioritize profit and performance in programming. In conclusion, it is absolutely imperative that complementary and legal measures be implemented institutionally in order to redress the existing systematic dysfunctional routines in the independent productions of the comprehensive programming TV channels in Korea.

• Cross-Cultural Studies
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• v.50
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• pp.395-424
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• 2018

The purpose of this paper is to examine the current situation and background of the Russian consumer music market, where digital music sources are making great strides in the noted recent years. In addition, music storage technology, media and change are considered together in this report. Moreover, Russia is the 12th largest music market in the world. The Russian music industry is following the recent trend of the global music industry, where the digital music market is growing rapidly on many different levels. The explosive growth of the digital sound sources in Russia's music industry is attributed to the explosive increase in available consumer downloads, streaming sound source service, and the increase in the number of digital sound sources using mobile technologies due to the development of the Internet. In particular, the sales of the available and accessible streaming sound sources are expected to grow explosively by the year 2020, which is expected to account for more than 85% of total digital music sales. In other words, the spread of smartphones and the resulting changes in the lifestyle of the Russians have created these changes for the global consumer of music. In other words, the time has come for anyone to easily access music and listen to music without a separate audio or digital player. And the fact that the Russian government's strong policy on the eradication of illegal copying of music is becoming an effective deterrent, as is also the factor that led to the increase of the share of the digital sound source to increase sales in Russia. Today, the Russian music industry is leading this change through the age and process of simply adapting to the digital age. Music is the most important element of cultural assets, and it is the beneficial content, which drives the overall growth of the digital economy. In addition, if the following five improvements(First, strengthen the consciousness of the Russian people about copyright protection; Second, utilizing the Big Data Internet resources in the digital music industry; Third, to improve the monopoly situation of digital music distributors; Fourth, distribution of fair music revenues; and Fifth, revitalization of a re-investment in the current Russian music industry) are effective and productive, Russia's role and position in the world music market is likely to expand.

• The Korean Journal of Archival Studies
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• no.78
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• pp.197-249
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• 2023

This paper focus on the demand for broadcast and video archive contents by users outside broadcasters as the archive openness and sharing projects of terrestrial broadcasters have become more active in recent years. In the process of creating works using broadcasters' released video footage, the study examined the criteria by which video footage is selected and the methods and processes utilized for editing. To this end, the study analyzed the the case of the 5.18 footage video sharing project 〈May Story(Owol-Iyagi)〉 contest organized by KBS in 2022, in which KBS released its footage about the May 18 Democratic Uprising and invited external users to create new content using them. Analyzing the works that were selected as the winners of the contest, the research conducts in-depth interviews with the creators of each work. As a result, the following points are identified. Among the submitted works, many works deal with the direct or indirect experience of the May 18 Democratic Uprising and focus on the impact of this historical event on individuals and our current society. The study also examined the ways in which broadcasters' footage is used in secondary works. We found ways to use video as a means to share historical events, or to present video as evidence or metaphor. It is found that the need for broadcasters to provide a wider range of public video materials such as the May 18 Democratic Uprising, describing more metadata including copyright information before releasing selected footage, ensuring high-definition and high-fidelity videos that can be used for editing, and strengthening streaming or downloading functions for user friendliness. Through this, the study explores the future direction of broadcasters' video data openness and sharing business, and confirms that broadcasters' archival projects can be an alternative to fulfill public responsibilities such as strengthening social integration between regions, generations, and classes through moving images.