• 국제지역연구
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• 제16권1호
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• pp.123-146
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• 2012

본 논문은 21세기 전 지구촌의 국제경쟁질서와 공정사회의 달성을 위한 새로이 제기되고 있는 이론, 정책, 제도와 법체제의 대안을 고찰하였다. 특히, 우리는 세계화에서 새로운 자유무역질서와 공정사회로서의 시장촉진과 공정거래를 위한 국제수준의 경쟁질서와 경쟁법체제의 기준을 연구하지 않으면 안 된다. 본 논문에서는 첫째, 세계무역기구(WTO)에서 새로운 자유무역의 공정거래를 위한 경쟁질서와 공정사회의 역사성과 기본적인 규범을 연구하였으며 둘째로, 새로운 세계화정책에서 비경쟁행위의 규제체계와 시장경쟁촉진을 위한 상거래유형과 법체계의 윤곽을 연구하였다. 더욱이, 우리는 WTO에서 경쟁질서와 공정사회를 저해하는 요인을 현실적 카테고리에서 연구하였다. 셋째로, 미국-EU와 한국-일본의 경쟁질서와 경쟁법의 적용범주 및 적용사례를 연구하였다. 끝으로, 본 논문은 21세기 최적의 국제경쟁질서와 공정사회의 달성관점에서 다양한 새로운 이론, 정책, 제도와 경쟁법의 연구를 토대로 새로운 대안과 시사점을 제시하였다.

• 월간경쟁저널
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• 제144호
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• pp.54-65
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• 2009

• 월간경쟁저널
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• 118호
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• pp.70-79
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• 2005

• 항공우주정책ㆍ법학회지
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• 제7권
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• pp.135-150
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• 1995

• The Journal of Asian Finance, Economics and Business
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• 제7권11호
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• pp.637-645
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• 2020

A free-market economic system supported by the progress of the Industrial Revolution 4.0 has given birth to a sharing economy with a disruptive business model. In many ways, this business model is more effective, efficient, and makes it easy for businesses and consumers. However, because disruptive innovation is not asymmetrical with the conventional business that sustains innovation, several regulatory issues arise because it is fundamentally very different and cannot be regulated by standard law. Disruptive innovation may create chaos if it is regulated by norms that are used to regulate conventional business. This research was conducted with a normative method, which examines various theories, principles, laws and regulations to get justification for how the law should govern. The findings of this study are: competition law must be designed pragmatically so that it can keep pace with changes in business models that are rapidly changing. For this reason, it is necessary to shift regulatory authority from the Government to business people to make self-regulation, as a rule, that was born from the agreement of the business actors themselves. Self-regulation is considered more effective in maintaining fair competition, so that the market will be more dynamic, and consumers will be more prosperous.

• 월간경쟁저널
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• 27호
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• pp.21-27
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• 1997

• 한국디지털정책학회:학술대회논문집
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• 한국디지털정책학회 2005년도 추계학술대회
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• pp.231-242
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• 2005

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• 무역상무연구
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• 제64권
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• 무역상무연구
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• 제10권
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• pp.419-448
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• 1997

• 무역상무연구
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• 제10권
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• pp.537-559
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• 1997