• 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 the Korean Institute of Landscape Architecture
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• v.37 no.4
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• pp.52-63
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• 2009

WTO/TBT aims to reduce impediments to trade resulting from differences between national regulations and standards. Where international standards exist or their completion is imminent, the Code of Good Practice says that standardizing bodies should use them, or the relevant parts of them, as a basis for any standards they develop. Drawing is a formal and precise way of communicating information about the shape, size and, features. In addition, drawing is a part of the universal language of engineering. However there are many differences between international landscape drawing standard ISO 11091 and Korean landscape drawing practice(KLDP). The result of a comparison of ISO 11091 with KLDP and suggestions for international standardization of KLDP are summarized as follows. First, Among the 33 kinds of conventions from ISO 11091, 2 similar kinds and 15 different kinds from KLDP and 16 kinds of conventions which exist only in ISO 11091 appeared-for the international standardization of KLDP, it is necessary to make an extensive alteration of KLDP. Second, Europe Unity countries accepted ISO 11091 and are using it as their national standard for landscape drawing. Even Japan has accepted ISO 11091 on their civil engineering drawings and is using it as their national standard. Therefore, we need to hasten KS standard enactment based on ISO 1091. Third, For the KS standard of construction drawings, the degree of international standardization is rising even though there are still differences from the ISO standard. Therefore, since the burden on the international standardization of KLDP is expected to be weighed, preparations should be quickly brought about in the practice fields. Fourth, Since in the landscape planting ordinances of local independent governments is the standard presented by categorizing trees into evergreen and deciduous, such parts should be modified and introduced when enacting the KS standard based on ISO 11091. Fifth, For the enactment of the KS standard for landscape drawings, a wide range of opinions should be collected by the relevant landscape organization by installing a committee, and based on its recommendation, an application for the KS standard enactment of landscape drawing should be made to the chief of Ministry of Knowledge Economy.

• Journal of Environmental Policy
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• v.6 no.1
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• pp.41-60
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• 2007

Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.