• International Area Studies Review
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• v.16 no.3
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• pp.239-266
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• 2012

The purpose of this paper is to suggest desirable improvement for KRX derivatives market plagued with many problems in spite of its world level of quantitative growth. In order to try to find desirable improvement for KRX derivatives market which has many problems like that, I suggest various ways of improvement for regulatory system in the future in terms of behavioral regulation for investor protection. First of all, in order to relieve speculative tendency of trading, KOSPI200 option market with ATM-oriented option trading needs to be induced from the market in which OTM-oriented option is now trading. So discount or exemption of brokerage fee for ATM trading and the introduction of market-maker for ATM type can be considered. For the protection of individual investors, we suggest feasible plans such as differential regulation between professional and individual investors, consolidation of basic deposit management, and enlargement of opportunities for risk management education & simulation trading.

• Journal of the Korean Institute of Landscape Architecture
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• v.38 no.3
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• pp.53-61
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• 2010

The purpose of this paper is to devise a user management plan for tourism destinations in parts of park and open green spaces to prevent resource damage through depreciative behavior by tourists. Also, the possibility of the introduction of user management has been considered in order to complement this in these kinds of park and open green spaces. As explained in prior results, tourists have had the opportunity of taking part in many experiences which furnish cultural and historical information, but have never had experiences which furnish information in utilization and management such as prohibited behavior at tourism destinations, responsibility for damage, etc. The furnishing of information on utilization and management plays an important role in understanding responsibility in resource damage. For example, groups who have been given information on utilization and management appear to be much more responsible toward resources and environmental damage. For this reason, this must be a very important element for preventing damaging behavior at tourism destinations. Tourists can be made to understand that tourism destinations can be very seriously damaged by users. In order to control these damaging behaviors which occur from other users and to meet the needs of the tourism destinations being visited, it is necessary to establish a user management plan.

• 해운
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• s.92
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• pp.16-26
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• 2012

유럽연합(EU)의 집행위원회(European Commission)가 국제 화물운송료를 담합한 글로벌 물류기업에 대규모 과징금을 부과했다. EU 경쟁당국은 쿠네&네이젤(Khune+Nagel), 판알피나(Panalpina), 유피에스(UPS) 등에 총 1억 6,900만 유로의 과징금을 부과했다. EC는 총 14개의 회사가 화물운송 가격 담합에 가담하여, 미국 유럽 아시아 등으로 운송되는 화물의 운송비를 불법적으로 책정한 것으로 판단하였다. 한편 DHL은 자진신고를 통해 리니언시(liniency) 적용으로 과징금을 부과 받지 않았다. 유럽연합은 이러한 국제카르텔에 대한 법집행 차원에서 과징금 부과 및 당해행위에 대한 금지명령 등 행정적 제재를 강화하며, 세계 경쟁정책 및 법집행을 주도하고 있다. 또한 유럽연합은 해운동맹 폐지를 비롯한 해운업계의 반경쟁적 행위에 대한 제한도 강화하고 있다. EU는 2008년 10월부터 해운동맹의 공동가격설정 및 선복량 조절 행위를 금지하고 있다. 유럽집행위원회는 지난해 5월 초 13개 컨테이너 선사의 유럽 사무소를 기습 감사, 조사하였다. 현재 EU는 자료조사 중이며 결과는 아직까지 확인되지 않고 있다. EU의 조사는 상당히 지체되는 경향이 있는데, 향후 추가 질의서 요구가 예상되며 불법행위가 밝혀질 경우 개별 기업 글로벌 수익의 10%에 해당하는 벌금 부과가 가능하며, 영국에서는 형사고발도 가능하다. 다음은 한국해양수산개발원 최영석 전문연구원이 발표한 "국제해운의 해운동맹 폐지 및 담합행위 제한 강화"의 주요 내용을 요약정리한 것이다.

• Journal of Korea Game Society
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• v.12 no.4
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• pp.53-64
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• 2012

This article is a analysis & diagnosis on the shifting of regulation paradigm for arcade game in Korea. Arcade market is decreasing market size after 2006. Arcade platform is characterized by the individuality & PC-based ability. This rapidly changes of the environment are facilitating the gambling in arcade game market. For the protecting the gambling in arcade game market, regulation paradigm needs the shift. To game center & speculative behavior, from game & gambling criteria. The regulation on arcade game in China is a meaningful case, when we make the new paradigm.

• The Monthly Technology and Standards
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• s.101
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• pp.38-40
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• 2010

사업자는 소비자와의 관계해서 물품과 용역을 공급함에 있어 소비자의 안전을 보호하고 프라이버시를 침해하지 않으며 소비자의 생명과 신체를 해하지 않는 범위 내에서 최대한의 주의를 행할 의무가 있다. 단적으로 말해서, 광고 행위가 표현의 자유이든 영업상의 권리이든 간에 소비자의 권리를 침해할 자유만은 결코 없다.

• Land and Housing Review
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• v.3 no.2
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• pp.159-167
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• 2012

The regulation of continuous and adjacent development was introduced to prevent unplanned and improper development and to protect environment in green zone and non-urban area that was deficient in infrastructure. Though it has been effective, it was repealed in 2011 by disorderly development problem caused by crafty tricks around restrictions. Alternatively, the Urban Planning Commission is now deliberating on the development permit, but there are still much to be resolved such as improper committee formation and abuse of power, insufficient green corridor preservation, a lack of use of planning information system, discordance between landscape management guidelines in laws, etc. Therefore, we suggest several ideas for improvement of development permit system as follows; intensive deliberation system in the Urban Planning Commission, integrated commission for green corridor prevention, early establishment of urban planning information system, making a development permission guideline to minimize discretional act of the Urban Planning Commission, etc.

• Vending industry
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• v.1 no.2 s.2
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• pp.95-97
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• 2001

최근 만원권, 오천원권, 백원화 등 화폐의 도안물 그대로 또는 원부 변형하여 신문 및 잡지광고, 할인용 쿠폰, 광고용 전단 등 상업적 광고물에 무단 이용하는 사례가 빈번히 발견되고 있다. 화폐도안을 이용한 광고행위는 화폐의 품위를 손상시킬 뿐만 아니라 일반인으로 하여금 위조화폐 제작 충동을 유발하고 지급수단으로도 악용될 소지가 있어 선진국에서도 일정한 기준 들을 정하여 엄격히 규제하고 있는 실정이다. 이에 따라 한국은행은 1999년 6월 29일 문화관광부에 화폐도안된 한국은행의 저작물로서 등록하여 법적권리를 강화하는 한편 화폐의 품위 유지 및 건전한 신용질서 확립을 위하여 화폐도안을 이용한 광고행위가 발견될 경우 ${\ulcorner}$저작권법${\lrcorner}$에 의한 고소 등의 법적조치를 취할 수 있음을 산업계에 주지시켜 달라는 협조요청을 해왔다. 금호에서는 각 사례별로 저작권 침해사례를 풀이한 협조요청 자료를 게재한다.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• Journal of the Korea Society of Computer and Information
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• v.17 no.8
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• pp.163-170
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• 2012

Nowadays Internet is the greatest and most participating media of prompting expression with 37 million users in Korea. Internet enables collective communications between social members and contributes to form sound public opinions and to develop democracy while it has negative aspect to distribute massively crime by illegal posting which is forbidden by the Criminal Act. Criminal actors who involve to diffuse information on Internet consist of three categories of information provider, user and internet service provider. Illegal posting generated on Internet is originated from IP and the criminal regulation on it is useless and meaningless because of its countless of users and ambiguous boundary with liberty for expression. Accordingly, the only criminal policy means to prevent danger by illegal posting on Internet is to regulate ISP which saves illegal posting and mediates contacts among users. In spite of it, legislation to regulate ISP is unprepared. The prudent legislative review should be done. And it should be accordance with the doctrines of propriety and vagueness of the principle of "nulla poena sine lege".